WRIC/11993/2025 of SADHU RAM Vs STATE OF U.P. THRU. DISTT. MAGISTRATE DISTT. BAHRAICH AND 6 OTHERS on 18 December 2025

1. Heard learned counsel for the petitioner and learned Standing Counsel representing the State-respondents.

2. This petition has been filed with the following prayers :- "I. to issue a writ, order or direction in the nature of mandamus directing the opposite parties namely opposite party No.3 and 4 to not interfere in construction of house over gata no.67 measuring 0.020 H situated at Village Semra, H/O Shivpur Semra, Pargana Charda Tehsil- Nanpara, PS Rupaideeha, District Bahraich.

II. to issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.

III. Award of the writ petition in favour of the petitioners."

3. It is the case of the petitioner that the respondent No.4, Station House Officer, Police Station Rupaideeha, District Bahraich in collusion with private respondent Nos.5, 6 and 7 had stopped the construction of the petitioner's house over Gata No.67.

4. It has been submitted that the respondent Nos.5, 6 and 7 have filed a suit for permanent injunction regarding Gata No.71ga before the Civil Judge (Junior Division), Bahraich and an ad interim injunction has been granted to them on 06.10.2025, a copy of which has been filed as an annexure to the writ petition. Versus Counsel for Petitioner(s) : Gyanendra Pathak, Adarsh Kumar Tripathi Counsel for Respondent(s) : C.S.C. Sadhu Ram .....Petitioner(s) State Of U.P. Thru. Distt. Magistrate Distt. Bahraich And 6 Others .....Respondent(s)

5. It is argued by learned counsel for the petitioner that it is evident from a perusal of the ad interim injunction dated 06.10.2025 that it does not involve Gata No.67 and relates only to Gata No.71 ga.

6. Learned Standing Counsel has produced before this Court instructions sent by Shri Shreeprakash Saroj, Sub Inspector, P.S.Rupaideeha, District Bahraich, wherein it has been stated that the police is not interfering in the construction; rather, it has received a complaint regarding breach of peace and has taken action under Sections 126/135 B.N.S.S. on 05.10.2025, entries regarding which have been made in the G.D. at 13:49 hours at Sl. No.33 on 05.10.2025.

7. Learned Standing Counsel has also produced before this Court instructions sent by the Tehsildar, Nanpara, Bahraich, wherein it has been stated that upon receipt of a complaint, an enquiry was conducted by the Revenue Inspector and the Lekhpal. On spot inspection, it was found that part of the construction raised by the petitioner was on Gata No.71. In respect of Gata No.71, an ad interim injunction has already been granted by the Civil Judge on 06.10.2025. Regular Suit No.179 of 2025 (Gurudeen vs. Kamlesh Kumar Verma and others) is now listed before the trial court on 03.02.2026.

8. The instructions are kept on record.

9. This petition is disposed of with liberty to the petitioner to move an appropriate application in Regular Suit No.179 of 2025 before the trial court concerned. December 18, 2025 Shubhankar WRIC No. 11993 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench