Petitioners sought to restrain respondents from interfering with their possession of certain land parcels. The Court held that the dispute between private parties lacked justification for writ jurisdiction, leaving the matter to be adjudicated in the pending civil suit. The writ petition was disposed of accordingly.
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Neutral Citation No. - 2023:AHC:131783-DB
Court No. - 21
Case :- WRIT - C No. - 29021 of 2019
Petitioner :- Baleshwar Kushwaha And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rohit Kumar Singh,Ram Singh Yadav Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Manish Kumar Nigam,J.
1. The instant petition has been filed praying for a writ of mandamus restraining the respondents from interfering in the peaceful possession of the petitioners over Gata No. 1086, 1224, 1439, Village Khandwadih, Pargana Shadiyabad, District Ghazipur.
2. A perusal of the averments made in the writ petition reveals that there is dispute between the petitioners and private respondent nos. 4 and 5 in respect of the subject land. A suit for cancellation of sale deed dated 15.09.2008 executed by respondent no. 5 in favour of respondent no. 4 is already pending at the behest of the petitioners. The mutation proceedings are also pending before the authorities. It is alleged that respondent nos. 4 and 5 are interfering in the possession of the petitioners.
3. Since the dispute is between private parties we find absolutely no justification to entertain the dispute in exercise of writ jurisdiction. It is left open to the petitioners to seek all reliefs in the pending suit or by such other mode as may be advised.
(Manish Kumar Nigam, J.) (Manoj Kumar Gupta, J.)
Order Date :- 4.7.2023/Ruhi H.
Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Court exercising writ jurisdiction can entertain a dispute regarding peaceful possession of land between private parties.
Baleshwar Kushwaha
Another
State Of U.P.
4 Others
Manoj Kumar Gupta
Manish Kumar Nigam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
