High Court · 2025

(iv) Allow the writ petition alongwith cost."

3. On 20.04.2023, we had passed the following order:- "Heard Shri Anand Mani Tripathi, learned counsel for the petitioner and Shri Manish Mishra, learned Additional Chief Standing Counsel for the State. The limited question involved herein is as to whether opposite party no. 5 has raised any construction on public way/road, thereby, blocking one of the points of ingress/egress of the petitioner from his house or not ? The instructions received from the S.D.M. state that there is one outlet still available to the petitioner for ingress and egress from his house, but, petitioner's counsel denies this fact and alleges obstruction of the way by opposite party no. 5. Let counter affidavit be filed by the S.D.M., Lucknow only to enable the Court to ascertain as to whether there is any obstruction on public way/road which may give a cause to the petitioner to maintain this writ petition but only to this limited extent, as, this Court can not enter into private dispute between private parties unless encroachment on some public way/ road is involved. The S.D.M., Lucknow shall annex a map of the site so as to indicate the correct factual position. Let this be done within a period of three weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter. List/ put up on 30.05.2023."

4. The Sub Divisional Magistrate, Lucknow has filed his affidavit in response to the abovequoted order, paragraph No.4 of which reads as under:- "4. That in the present matter, terrestrial and archival enquiry was conducted. Enquiry report is as follows:- Gata No. 418Mi. area 0.6281 hectare of Khata No. 133 of Khatauni 1427 to 1432of of Village Laulai Pargana, Tehsil and District Lucknow and Gata No. 418Mi. area 0.0139 hectare of Khata No. 13 are recorded in the name of Parijat Sahkari Gram Nirman Samiti and others and Amit Kumar Jha and others as transferable Bhumidhars respectively. Residential plots of the said Gata have been sold by the landowner in which many residential buildings and path etc. are situated. In the North of above Gata No. 418, Gata No. 419 area 0.405 hectare is recorded as transferable Bhumidhar in the name of Kudsia Fatima etc. on Khata No. 62 of the Khatauni of the village and residential plots and residential building etc. are situated on this Gata also. In Gata No. 418, the incomplete building belonging to the petitioner (which is shown by point ABCD in the layout map) is located. Whose exit door (point DC) is in the South direction and there is an iron gate on this exit door for traffic which is currently locked. In this incomplete building, wild bushes have grown in the entire building including the gate. Presently no one is living in this building. There is a way available for movement in front of the exit door located on the South side of the said building. The above 25 feet wide road is shown from the point EFGH in the annexed layout map, on which there is no any kind of obstruction. A small door was installed in the Northern side (backyard) of this incomplete building towards gate No. 419. Gata No. 419 is the land of another landholder. The above mentioned small door has been closed due to the construction of boundary wall on his own land by the landowner of Gata No. 419. But the South exit door (main exit door) pre-installed to this building is intact. The copies of the photographs including Khatauni and site Plan are being annexed herewith as Annexure No. 1 to this Compliance Affidavit. No chakmarg/way between Gata No. 418 and 419 is mentioned in the Sajra of Village Laulai, Pargana, Tahsil and District Lucknow. Since the Northern door of the said building was installed for the movement towards the land of other landowner in which there was no consent of other landowner and the door has been closed due to construction of boundary wall by the landowner on his land. The petitioner is neither the owner of this building nor the land of any public way. In view of the facts stated hereinabove, there is a way available for the movement of the petitioner and the way mentioned by the petitioner to be blocked due to the construction of another landowner on his land which is neither the own land of the petitioner nor any public way. Therefore, the writ petition filed by the petitioner is devoid of merits and deserves to be dismissed with cost."

5. The petitioner has filed objections to the said affidavit of the Sub Divisional Magistrate, however, looking into the factual disputes involved and the facts as narrated in the affidavit of the S.D.M., we are of the opinion that remedy, if any, for the petitioner is to approach the civil court raising a grievance or if there is any cause under the criminal law.

6. At this stage, the petitioner appearing in person says that the petition may be dismissed as withdrawn as he is not in a position to approach the civil court.

7. The writ petition is dismissed as withdrawn with such liberty as the petitioner so chooses to exercise regarding the remedies available. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 5.5.2025 -Piyush- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

(iv) Allow the writ petition alongwith cost."

3. On 20.04.2023, we had passed the following order:- "Heard Shri Anand Mani Tripathi, learned counsel for the petitioner and Shri Manish Mishra, learned Additional Chief Standing Counsel for the State. The limited question involved herein is as to whether opposite party no. 5 has raised any construction on public way/road, thereby, blocking one of the points of ingress/egress of the petitioner from his house or not ? The instructions received from the S.D.M. state that there is one outlet still available to the petitioner for ingress and egress from his house, but, petitioner's counsel denies this fact and alleges obstruction of the way by opposite party no. 5. Let counter affidavit be filed by the S.D.M., Lucknow only to enable the Court to ascertain as to whether there is any obstruction on public way/road which may give a cause to the petitioner to maintain this writ petition but only to this limited extent, as, this Court can not enter into private dispute between private parties unless encroachment on some public way/ road is involved. The S.D.M., Lucknow shall annex a map of the site so as to indicate the correct factual position. Let this be done within a period of three weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter. List/ put up on 30.05.2023."

4. The Sub Divisional Magistrate, Lucknow has filed his affidavit in response to the abovequoted order, paragraph No.4 of which reads as under:- "4. That in the present matter, terrestrial and archival enquiry was conducted. Enquiry report is as follows:- Gata No. 418Mi. area 0.6281 hectare of Khata No. 133 of Khatauni 1427 to 1432of of Village Laulai Pargana, Tehsil and District Lucknow and Gata No. 418Mi. area 0.0139 hectare of Khata No. 13 are recorded in the name of Parijat Sahkari Gram Nirman Samiti and others and Amit Kumar Jha and others as transferable Bhumidhars respectively. Residential plots of the said Gata have been sold by the landowner in which many residential buildings and path etc. are situated. In the North of above Gata No. 418, Gata No. 419 area 0.405 hectare is recorded as transferable Bhumidhar in the name of Kudsia Fatima etc. on Khata No. 62 of the Khatauni of the village and residential plots and residential building etc. are situated on this Gata also. In Gata No. 418, the incomplete building belonging to the petitioner (which is shown by point ABCD in the layout map) is located. Whose exit door (point DC) is in the South direction and there is an iron gate on this exit door for traffic which is currently locked. In this incomplete building, wild bushes have grown in the entire building including the gate. Presently no one is living in this building. There is a way available for movement in front of the exit door located on the South side of the said building. The above 25 feet wide road is shown from the point EFGH in the annexed layout map, on which there is no any kind of obstruction. A small door was installed in the Northern side (backyard) of this incomplete building towards gate No. 419. Gata No. 419 is the land of another landholder. The above mentioned small door has been closed due to the construction of boundary wall on his own land by the landowner of Gata No. 419. But the South exit door (main exit door) pre-installed to this building is intact. The copies of the photographs including Khatauni and site Plan are being annexed herewith as Annexure No. 1 to this Compliance Affidavit. No chakmarg/way between Gata No. 418 and 419 is mentioned in the Sajra of Village Laulai, Pargana, Tahsil and District Lucknow. Since the Northern door of the said building was installed for the movement towards the land of other landowner in which there was no consent of other landowner and the door has been closed due to construction of boundary wall by the landowner on his land. The petitioner is neither the owner of this building nor the land of any public way. In view of the facts stated hereinabove, there is a way available for the movement of the petitioner and the way mentioned by the petitioner to be blocked due to the construction of another landowner on his land which is neither the own land of the petitioner nor any public way. Therefore, the writ petition filed by the petitioner is devoid of merits and deserves to be dismissed with cost."

5. The petitioner has filed objections to the said affidavit of the Sub Divisional Magistrate, however, looking into the factual disputes involved and the facts as narrated in the affidavit of the S.D.M., we are of the opinion that remedy, if any, for the petitioner is to approach the civil court raising a grievance or if there is any cause under the criminal law.

6. At this stage, the petitioner appearing in person says that the petition may be dismissed as withdrawn as he is not in a position to approach the civil court.

7. The writ petition is dismissed as withdrawn with such liberty as the petitioner so chooses to exercise regarding the remedies available. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 5.5.2025 -Piyush- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench