Allahabad High Court
Ram Singh vs State Of U.P. And 4 Others on 11 February, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:20311 Court No. - 34 Case :- WRIT - C No. - 2327 of 2025 Petitioner :- Ram Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Kumar,Ravi Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"Issue a writ order or direction in the nature of mandamus commanding/directing the respondent Nos.02 & 03 to remove the illegal construction /encroachment from the Gata No.789/0.0243 hect. situated at Village-Shahpeerpur, Pargana-Kotla, Tehsil-Khaga, District-Fatehpur which is recorded in the revenue record in the name of "Devasthan (Temple)" and decide the applications dated 10.06.2024 (respondent no.03) & 08.07.2024 (respondent no.02) within a time bound manner as fixed by this Hon'ble Court.
II. Issue a writ order or direction in the nature of mandamus commanding/directing the concerning authority to conduct demarcation proceeding for preserving the land of "Devasthan (Temple)" in Gata No.789/0.0243 hect., situated at Village-Shahpeerpur, Pargana-Kotla, Tehsil-Khaga, District-Fatehpur, within a time bound manner as fixed by this Hon'ble Court."
3. Relief claimed by the petitioner is for removal of encroachment over gata No.789/0.0243 hectare which is recorded as Devasthan (Temple).
4. Learned Standing Counsel has submitted that Devasthan (Temple) does not belong to the Gaon Sabha or any public authority, it's a private land. It is further submitted by learned Standing Counsel that petitioner is only a complainant, therefore, prayer made by the petitioner cannot be granted. It is further submitted by learned Standing Counsel that the present writ petition is not maintainable at the behest of petitioner view of the judgment passed by the Division Bench of this Court in Manbhavati vs. State of U.P. and others; 2020 1 AWC 789A as well as in Writ C No. 7863 of 2018 (Brij Bhushan Rai v. State of U.P. and 6 others).
5. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail the alternative remedy, as available to him, under the law.
Order Date :- 11.2.2025 Rishabh [Manish Kumar Nigam, J.]