Ayodhya Prasad v. Distt. Magistrate , Balrampur and Others

Court No. - 3 Case :- WRIT - C No. - 10804 of 2023 Petitioner :- Ayodhya Prasad Respondent :- Distt. Magistrate , Balrampur And Others Counsel for Petitioner :- Vipul Kumar Mishra,Yogesh Singh Counsel for Respondent :- C.S.C. Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Heard learned counsel for petitioner and learned Standing Counsel for State.

¶2Petitioner has approached this Court for a mandamus commanding and directing respondent no.2 to grant protection to the petitioner so that he may cut his crop sown by him over plot no.813/0.563 hect. situated at Basawan Bankat, Sadullahnagar, Tehsil-Utraula, District-Balrampur as well as over plot no.1354/0.316 hect. situated at Village-Kishanpur Grant, Tehsil-Utraula, District-Balrampur.

¶3Learned counsel for petitioner submits that petitioner apprehends that his brother respondent no.5 may interfere when he proceeds to cut his crop.

¶4On the face of it the same is a private dispute between petitioner and his brother to which petitioner has an alternative remedy of filing a suit before the Civil Court.

¶5It goes without saying that the stay application shall be considered and decided expeditiously by the court concerned, in case the suit is filed.

¶6With the aforesaid liberty, present writ petition is consigned to record. Order Date :- 13.12.2023 Arti/- [Manish Kumar,J.] [Vivek Chaudhary,J.] High Court of Judicature at Allahabad, Lucknow Bench