Allahabad High Court
Indian Church Trustee Thomas Church ... vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 4 June, 2025
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:34449-DB Court No. - 2 Case :- WRIT - C No. - 5398 of 2025 Petitioner :- Indian Church Trustee Thomas Church Gonda Office Thru.Sri Enosh Anshuman Chattree Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of House And Urban Planning Anubhag 4,U.P. Lko. And 5 Others Counsel for Petitioner :- Pawan Kumar Misra,Alina Masoodi,Wali Nawaz Khan Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J.
Hon'ble Praveen Kumar Giri,J.
Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State.
The petitioner- Indian Church Trustee Thomas Church Gonda Office has filed this writ petition seeking the following reliefs:-
"1. Issue a writ of Mandamus or a writ, order or direction in the nature of writ of Mandamus commanding and directing the opposite parties specially opposite party No. 1/State of U.P. through Principal Secretary, Department of House & Urban Planning, Anubhag- 4, U.P. Civil Secretariat U.P. Lucknow and opposite party no. 3/District Magistrate Gonda to verify the letter dated 22nd December 1956 issued by the Deputy Secretary to Government Local Self Government, Department of U.P. to the District Magistrates of the Uttar Pradesh as mentioned therein I respect of that the Indian Church Trustees are absolute owner of the aforesaid properties.
2. Issue a writ of Mandamus or a writ, order or direction in the nature of writ of Mandamus commanding and directing the opposite parties not to create any interference in the peaceful possession over the land of gata no. 139 situated at Mauza Chhawni Mohalla Civil Lines District Gonda."
We have perused the alleged letter dated 22.12.1956 as also some report/ copy of a note sheet addressed to the District Magistrate, at Page 87 and 88 of the writ petition. The petitioner appears to be claiming title to certain land. The veracity of the letter dated 22.12.1956 is sought to be got inquired. It is said that the matter is pending at the level of the State Government.
This Court under Article 226 of the Constitution of India can not enter into questions of title and possession, as, is being claimed by the petitioner.
As regards any inquiry into the veracity of the aforesaid letter dated 22.12.1956, if it is pending at the level of the State Government, then, it can always proceed with the matter and take to its logical conclusion, but, we see no reason to entertain this writ petition.
With the aforesaid observations, the writ petition is disposed of.
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(Praveen Kumar Giri,J.) (Rajan Roy,J.) Order Date :- 4.6.2025 R.K.P.