The High Court held the writ petition maintainable was not, dismissing the petition as the dispute regarding possession was civil or criminal in nature, not a writ matter.
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Neutral Citation No. - 2024:AHC-LKO:76053-DB
Court No. - 2
Case :- WRIT - C No. - 9791 of 2024
Petitioner :- Shahnaz And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue U.P. Lko. And 5 Others Counsel for Petitioner :- Ram Pratap Yadav Counsel for Respondent :- C.S.C.
Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.
1. Heard.
2. The petitioners have some private dispute with the opposite party nos. 5 and 6. The latter's suit as informed has been dismissed and an appeal has been filed against the said judgment and during its pendency the petitioner's possession is being interfered by the private opposite parties but we fail to understand as to how a writ petition is maintainable in such matter under Article 226 of the Constitution of India. The petitioner may avail civil or criminal remedies as prescribed in accordance with law.
3. The writ petition is dismissed accordingly.
[Brij Raj Singh, J.] [Rajan Roy, J.]
Order Date :- 19.11.2024 Anuj Sing h
Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the writ petition is maintainable given the private dispute and interference with possession.
Shahnaz And Another
State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue U.P. Lko. And 5 Others
Rajan Roy
Brij Raj Singh
As recorded by the court registry
2 orders share this CNR
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