Ram Kishori Shukla vs State of U.P. Thru. Prin. Secy. Ministry of Home Lko. and 7 Others — Allahabad HC (2025) — LawSathi Research

Ram Kishori Shukla vs State of U.P. Thru. Prin. Secy. Ministry of Home Lko. and 7 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted at this interim stage. The court heard both sides, took on record the written instructions asserting no encroachment exists, ordered respondent no. 5 to file a personal affidavit with para-wise reply, and listed the case for 18.09.2025.

Issue for consideration

Whether respondents nos. 1 to 3 should be directed (via mandamus) to remove the fresh encroachment made by opposite party nos. 6 to 8, allegedly in connivance with opposite party nos. 4 and 5, by dumping a huge pile of soil on the public passage. +2 more

Court's answer

The court placed on record the written instructions sent on behalf of respondent no. 5 (which assert, per Sri Sumit Kumar, Sub-Inspector, Police Station Itaunja, that no encroachment exists on the road and any earlier encroachment has been removed).

Ratio / Principle

The court directed respondent no. 5, Sri Sumit Kumar, Sub-Inspector of Police, Police Station-Itaunja, District Lucknow, to file a personal affidavit containing a para-wise reply to the writ petition.

Key takeaways

The court fixed the next listing of this case for 18.09.2025, deferring substantive adjudication until the requested affidavit is received.ratio¶21

Detailed headnote1 paragraphs

Interim order — High Court of Judicature at Allahabad, Lucknow Bench, Court No. 2 (Writ-C No. 8561 of 2025; Mrs. Sangeeta Chandra, J. and Brij Raj Singh, J.; decision date September 4, 2025). Petitioner Ram Kishori Shukla seeks (i) a mandamus commanding respondents nos. 1–3 to remove a fresh encroachment said to have been made by respondents nos. 6–8, in connivance with respondents nos. 4–5, by dumping soil on a public passage (per police report ANNEXURE No. 1); (ii) true compliance with the final order dated 03.02.2025 passed in proceedings under Sec. 133 Cr.P.C. regarding the earlier encroachment (ANNEXURE No. 2); and (iii) an enquiry into respondents nos. 4–5 for allegedly ignoring that order, submitting a false police report and enabling re-encroachment. Learned Standing Counsel, relying on instructions of Sri Sumit Kumar, Sub-Inspector, P.S. Itaunja, District Lucknow (respondent no. 5), asserted that no encroachment exists on the road and any earlier encroachment has been removed. The court kept those written instructions on record, directed respondent no. 5 to furnish a personal affidavit with a para-wise reply, and listed the matter for 18.09.2025. No substantive relief was granted or denied at this stage; no cases were cited.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 8561 of 2025

Ram Kishori Shukla

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Ministry Of Home Lko. And 7 Others

o. n ers	.....Respondent(s)
Counsel for Petitioner(s) Counsel for Respondent(s)	: Jyoti Rajpoot, Sachida Nand : C.S.C.

Court No. - 2

HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State Respondents.

This writ petition has been filed with the following main prayers:-

"(A) to issue a Writ of Mandamus commanding the opposite party no.1 to 3 and directing them to remove the fresh encroachment made by opposite party no. 6 to 8 again in connivance with opposite party no. 4 & 5 by dumping a huge pile of soil on the public passage described in the police report ANNEXURE No. 1.

(B) to direct the opposite party no. 1 to 3 to get the previous encroachment described in the ANNEXURE No. 2 removed in a proper and true manner in compliance with the final order dated: 03.02.2025 passed in the proceedings under Sec. 133 Cr.P.C. earlier. to direct the opposite party no. 2 to initiate proper enquiry against the opposite party no. 4 & 5 for ignoring the order dated: 03.02.2025 passed by the opposite party no. 3 and submitting false police report and helping the opposite party no. 6 to 8 for doing fresh re-encroachment by concealing the previous encroachment made by them.

(C) to direct the opposite party no. 2 to initiate proper enquiry against the opposite party no. 4 & 5 for ignoring the order dated: 03.02.2025 passed

WRIC No. 8561 of 2025

2

by the opposite party no. 3 and submitting false police report and helping the opposite party no. 6 to 8 for doing fresh re-encroachment by concealing the previous encroachment made by them. "

Learned Standing Counsel for the State Respondents, on the basis of instruction sent by Sri Sumit Kumar, Sub-Inspector, Police Station Itaunja, District - Lucknow, says that no encroachment has been made on the road and any encroachment that had been made earlier has been removed.

The written instructions are kept on record.

Let a personal affidavit by filed by Sri Sumit Kumar, Sub-Inspector of Police, Police Station-Itaunja, District- Lucknow, the respondent no.5 in this petition containing para-wise reply to the writ petition.

List this case on 18.09.2025.

(Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.)

September 4, 2025

Darpan Sharma

Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench