High Court of Judicature at Allahabad
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Ali Mohammad And Others v. State Of U.P. And Others - WRIT - C No. 8451 of 2007  RD-AH 3907 (8 March 2007)
Hon. Anjani Kumar, J.
Hon. Dilip Gupta, J.
This petition has been filed for a direction upon the respondents not to interfere with the actual physical possession of the petitioners in Plot No. 128-Khaa area 5-5-0, situate in Village Maheshpur (Anoopshahar Road/Bye pass Road) Pargana and Tehsil Koil, District Aligarh and not to dispossess the petitioners from the said plot without following the procedure prescribed of law. A further relief has been sought against the Police Officials to arrest the accused.
The averments made in the writ petition indicate that the dispute is primarily between the petitioners and private respondent nos. 5 and 6 in respect of the aforesaid plot.
The remedy under Article 226 of the Constitution cannot be invoked for resolution of the private land dispute or for resolution for the property or title in dispute. This is what has been observed by the Supreme Court in the case of Surya Dev Rai Vs. Ram Chander Rai & Ors., (2003) 6 SCC 675.
We, therefore, decline to entertain this petition. It is, accordingly, dismissed with liberty to the petitioners to file a Civil Suit, if so advised.
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