Disposed¶14

Rao Mashkoor Ahmad Khan v. State of Up and 3 Others

Allahabad HC4 Mar 2025WRIC/6264/2025

Case brief

AI extract

What is this about?

WRIT - C No. 6264 of 2025, High Court of Judicature at Allahabad, decided 5.3.2025 (Ashwani Kumar Mishra and Donadi Ramesh, JJ.). Alleged State interference with private property rights; District Magistrate, Saharanpur allegedly pressuring petitioner to transfer property; written instructions denied pressure or coercion; private civil dispute pending; writ petition disposed of, issues left open to competent civil court; application to delete para 15 of writ petition allowed.

What did the court decide?

No substantive relief; writ petition disposed of with the private property dispute left open to the competent civil court; the application permitting deletion of para 15 of the writ petition was allowed. ¶14

Rao Mashkoor Ahmad Khan vs State of Up and 3 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:31455-DB

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Court No. - 29

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Case :- WRIT - C No. - 6264 of 2025

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Petitioner :- Rao Mashkoor Ahmad Khan Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Irfan Raza Khan,Sr. Advocate Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J.

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An application has been filed to delete the assertion made in para 15 of the writ petition. The prayer made in that regard is allowed.

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Application is allowed. Petitioner is permitted to delete para 15 of the writ petition.

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This writ petition has been filed with the allegation that State Authorities are interfering in private rights of the petitioner over his own property. It is stated that District Magistrate, Saharanpur is asking the petitioner to transfer the property to a private individual.

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Taking note of such matter, we passed following orders, yesterday:-

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"In the facts of the case, we call upon the Additional Advocate General, present in Court, to obtain instructions from the District Magistrate, Saharanpur with regard to assertions made in para 17 and 22 of the writ petition.

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Put up as fresh, once again, on 5.3.2025."

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Sri Ajit Kumar Singh, Additional Advocate General, has obtained written instructions from the District Magistrate, Saharanpur. Copy of it is taken on record. Its copy has also been handed over to counsel for the petitioner. As per the written instructions received from the District Magistrate, he has neither exerted any pressure nor has asked the petitioner to transfer the property to anyone. It is stated that such allegation is absolutely incorrect. Contention of the respondent is that neither directly nor indirectly any coercion or pressure is exercised upon the petitioner. The respondents also states that private civil dispute is pending between the parties in respect of the property in question and the object of filing this writ is to exert pressure upon the district administration to accept the petitioner's claim.

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Be that as it may, once the District Magistrate has a specific stand that no pressure or coercion is being exercised upon the petitioner, we do not find any occasion to proceed in the present matter any further. So far as the private dispute in respect of property in question is concerned, the issues are left open to be resolved by the competent civil court.

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Writ petition, accordingly, is disposed of.

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Order Date :- 5.3.2025 Anil

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Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad

Rao Mashkoor Ahmad Khan v. State of Up and 3 Others

Case brief

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Rao Mashkoor Ahmad Khan v. State of Up and 3 Others

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