Kamlesh and Others v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Others

Court No. - 2 Case :- WRIT - C No. - 5532 of 2024 Petitioner :- Kamlesh And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Others Counsel for Petitioner :- Adnan Ahmad Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Adnan Ahmad, learned counsel for the petitioners and learned Standing Counsel for the respondents.

¶2In the light of the proposed order, notice to the private respondent is dispensed with.

¶3Grievance of the petitioners is with regard to the property situated at Village Tantaha, Nizampur, Hasanpur, Khevli, Majhagaowa, Police Station-Shusant Golf City, Tehsil-Saronji Nagar, District Lucknow. The petitioners claim to be owner of the said land and are their ancestral property on which private respondents are attempting to forcefully take possession. In the aforesaid circumstances, they sought a direction to the State respondents to take action against the private respondent to protect the possession over the disputed land.

¶4From pleadings made in the present writ petition is apparently clear that the petitioners are aggrieved by the action of private respondents and for which purpose they have adequate remedy before the civil court for establishing their right over the said land and also to seek injunction in case certain persons are illegally trying to occupy the property. The said dispute would not be entertainable in the jurisdiction under Article 226 of the Constitution of India.

¶5Accordingly, for the aforesaid reason, the petition is dismissed with liberty to the petitioners to approach the appropriate forum for redressal of their grievance. Order Date :- 26.6.2024 A.Kr* (Arun Kumar Singh Deshwal, J.) (Alok Mathur, J.) High Court of Judicature at Allahabad, Lucknow Bench