The High Court dismissed a writ petition seeking removal of a path built by a neighbor on the petitioner's land. The court held that the dispute was private in nature and could not be entertained under Article 226 of the Constitution of India.
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Neutral Citation No. - 2023:AHC:230542
Court No. - 51
Case :- WRIT - C No. - 37684 of 2023
Petitioner :- Rajesh Maurya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Chandra Kumar Rai,J.
1.Heard learned counsel for the petitioner and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the Staterespondents.
2.The instant petition has been filed for the following relief:
"(A)Issue a writ, order or direction in the nature of mandamus directing respondent Nos. 2 and 3 to remove the public path (Khadanza) built by the neighbor of the petitioner upon the Abadi of the petitioner at own expenses"
5. Writ petition is misconceived and dismissed accordingly.
Order Date :- 5.12.2023 PS*
Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court can exercise jurisdiction under Article 226 to settle a private dispute between parties.
Whether a writ petition can be entertained for directing removal of a private structure built by a neighbor on the petitioner's property.
Rajesh Maurya
State Of U.P.
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
