Lakhanpur Cooperative Housingh ... vs State Of U.P. And 4 Others
2025 Latest Caselaw 4913 ALL

Allahabad High Court

Lakhanpur Cooperative Housingh ... vs State Of U.P. And 4 Others on 11 February, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:19978
 
Court No. - 34
 

 
Case :- WRIT - C No. - 2874 of 2025
 

 
Petitioner :- Lakhanpur Cooperative Housingh Society Ltd
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Rajan Tripathi
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. This writ petition has been filed for the following reliefs:-

"(i) a writ, order or direction in the nature of MANDAMUS commanding and directing the respondents authorities to remove the illegal encroachment made upon the recorded land property of the petitioner bearing Arazi No. 850 Ka Area-0.205 hectare and Arazi No. 850 Area-0.082 hectare situated at Mauza Bagdaudhi Kachhar, Kanpur Nagar within stipulated period as deem fit and proper by this Hon'ble Court."

2. A preliminary objection has been raised by learned Standing Counsel that the dispute of the petitioner is with the private respondents regarding property in question and as such writ petition is not maintainable.

3. I have perused the averments made in the writ petition and the annexures annexed thereto. From the perusal of the same, it appears that the dispute of the petitioner is with private respondents.

4. The Supreme Court in the case of Shalini Shyam Shetty v. Rajendra Shankar Patil, (2010) 8 SCC 329 has considered a large number of its earlier judgements and held that writ petition is not the proper remedy in respect of the property dispute and the party should be relegated to seek appropriate remedy before the Civil or Revenue Court. Paragraph nos. 64 and 65 of the judgment in Shalini Shyam Shetty (supra) are extracted hereinbelow-:

"64. However, this Court unfortunately discerns that of late there is a growing trend amongst several High Courts to entertain writ petition in cases of pure property disputes. Disputes relating to partition suits, matters relating to execution of a decree, in cases of dispute between landlord and tenant and also in a case of money decree and in various other cases where disputed questions of property are involved, writ courts are entertaining such disputes. In some cases the High Courts, in a routine manner, entertain petitions under Article 227 over such disputes and such petitions are treated as writ petitions.

65. We would like to make it clear that in view of the law referred to above in cases of property rights and in disputes between private individuals writ court should not interfere unless there is any infraction of statute or it can be shown that a private individual is acting in collusion with a statutory authority."

5. In view of the law laid down by the Supreme Court, I am not inclined to interfere in the matter.

6. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law.

Order Date :- 11.2.2025

Ved Prakash

(Manish Kumar Nigam,J.)