Writ petition challenging interference with land possession was disposed of. State officials confirmed no hindrance; non-State respondent not impleaded.
Writ petition disposed of; liberty granted to seek remedy against non-State respondent; no direction issued regarding land interference.
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Court No. - 2
Case :- WRIT - C No. - 28738 of 2021
Petitioner :- Abhishek Tiwari
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Ors.
Counsel for Petitioner :- Mohiuddin Khan,Mirza Shariq Aziz,Mohd.Zaid Khan Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and learned State Counsel.
By means of this petition a prayer has been made that appropriate directions may be issued to the respondents no.1 to 5 so that they do not interfere in the peaceful use, possession, enjoyment of and construction over some land, in respect of which some dispute is said to be pending between the petitioner and respondent no.5.
So far as the respondents no.1 to 4 are concerned, learned State Counsel has received instructions from the Sub Divisional Officer, Sandila, District Hardoi which are contained in the letter dated 29.04.2022. The said instructions are said to have been received in the office of learned Chief Standing Counsel on 30.04.2022. The instructions contained in the letter dated 29.04.2022 are taken on record.
As per the said instructions the Tehsil authorities are not creating any hindrance in use of the land in question.
So far as the respondent no.5 is concerned, he is not a Staterespondent and hence the prayer made in respect of issuing
direction to respondent no.5 cannot be granted in these proceedings under Article 226 of the Constitution of India.
Accordingly, writ petition is disposed of with liberty to the petitioner that in case the petitioner has any grievance against respondent no.5, it will be open to him to seek appropriate remedy which may be available to him under law. However, we also record that the Sub Divisional Officer in the instructions contained in his letter dated 29.04.2022 addressed to the office of learned Chief Standing Counsel has clearly stated that neither the Sub Divisional Officer nor other revenue authorities are creating any hindrance in use of property.
The writ petition is thus disposed of in the aforesaid terms.
(Subhash Vidyarthi, J.) (Devendra Kumar Upadhyaya, J.)
Order Date :- 30.5.2022 Ram.
Digitally signed by RAM SINGH Date: 2022.05.31 10:37:47 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Abhishek Tiwari
State Of U.P.
Devendra Kumar Upadhyaya
Subhash Vidyarthi
As recorded by the court registry
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