Lalchand Vayask And 3 Others vs State Of U.P. And 2 Others
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Allahabad High Court

Lalchand Vayask And 3 Others vs State Of U.P. And 2 Others on 1 May, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:69103
 
Court No. - 76
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2941 of 2025
 

 
Petitioner :- Lalchand Vayask And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Dinesh Kumar,Kapil Dev Yadav
 
Counsel for Respondent :- G.A.,Hari Shanker,Sunil Kumar Singh
 

 
Hon'ble Vinod Diwakar,J.
 

1. Heard learned counsel for the petitioners, learned AGA for the State-respondent and perused the records.

2. The present petition has been filed under Article 227 seeking quashing of the judgment and order dated 12.06.2023 passed by respondent no.2 in Case No.5791 of 2022 (State v. Lal Chand and others) and set aside the order dated 07.02.2025 passed by Additional District and Session Judge, F.T.C., Varanasi.

3. Learned counsel for the petitioners stats that a civil suit bearing No.2493 of 2022 is pending trial between the parties, therefore, the proceeding undertaken by theS.D.M. under Section 133 is not maintainable. He further submits that there is no obstruction cause to any of the path way and only one villager is aggrieved, therefore, proceedings are erroneous and not maintainable. He next submits that there is no Rasta on Revenue record. So far as the mud is concerned, the same was gathered because of the demolish of the old house of petitioner. He also placed reliance upon the report of Commission by the civil court.

4. The arguments undertaken by learned counsel for the petitioners are not substantive.

5. In view of the finding recorded by the Police, the S.D.M., and the petitioners' contentions does not warrant equitable relief in writ jurisdiction and contentions, at best, may be appreciated in civil suit. Prima facie, no illegality is observed in the order passed by the S.D.M. under Section 133 Cr.P.C. No indulgence warranted in the order passed by the S.D.M. under Section 133, no illegality has also been pointed out in the impugned order passed in the Case No.5791 of 2022.

6. Accordingly, the writ petition is dismissed.

Order Date :- 1.5.2025

A.N. Mishra

(Vinod Diwakar,J.)