Mukarram v. State of U.P. and 3 Others

Court No. - 32 Case :- WRIT - C No. - 43051 of 2023 Petitioner :- Mukarram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahtab Alam Counsel for Respondent :- C.S.C. Hon'ble Salil Kumar Rai,J. Hon'ble Surendra Singh-I,J.

¶1The grievance of the petitioner in the present petition is that the State respondents are interfering in the possession of the petitioner over the Plot Nos. 10,14,16,20 and 40, even though, the petitioner is recorded tenure holder of the said plots.

¶2It appears from the documents annexed with the writ petition and the pleadings of the petitioner that Plot Nos. 17, 41 and 44 have been declared as enemy property and the plots of the petitioner are adjacent to the aforesaid plots. There appears to be some disputes regarding boundaries of the plots or the extent of encroachment of the petitioner in the plots declared as enemy property.

¶3The petitioner may either seek demarcation of his plots or file a suit for injunction before appropriate forum and therefore it is not a fit case for consideration under Article 226 of the Constitution of India.

¶4The writ petition is dismissed. Order Date :- 14.12.2023 Akbar High Court of Judicature at Allahabad