In a referenced writ petition seeking directions against interference with petitioners' land possession and for expeditious decision on a representation regarding land demarcation, the High Court dismissed the petition as misconceived, holding that the prayer cannot be granted in exercise of jurisdiction under Article 226.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:230773
Court No. - 51
Case :- WRIT - C No. - 39164 of 2023
Petitioner :- Hriday Narayan Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ali Hasan,Aditya Vikram Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Chandra Kumar Rai,J.
" (a) Issue a writ, order or direction in the nature of Mandamus directing the respondents do not to interfere in the peaceful occupation/possession of the petitioners over the Gata No. 43 and 331 situated at Villlage- Tafurpur, Post- Jahurabad, tehsilKasimabad, District- Ghazipur.
(b) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider and decide the representation of the petitioners expeditiously as possible as within short stipulated period.
(c) Issue a writ, order or direction in the nature of Mandamus directing the respondents do not to interfere in the peaceful occupation/possession of the petitioners over the Gata No. 43 and 331 situated at Village- Tafurpur, Post- Jahurabad, tehsil- Kasimabad, District- Ghazipur.
(d) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(e) Award the cost of the writ petition in favour of the above named petitioners."
Order Date :- 6.12.2023/C.Prakash
Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the prayer in the writ petition regarding possession and correction of land records can be granted under Article 226 of the Constitution.
Whether the writ petition is misconceived.
1 provisions across 1 enactments
Hriday Narayan
State Of U.P.
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
