Allahabad High Court
MOHD BILAL ISMAIL AND 2 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The court disposed of the writ petition without reaching the merits, directing the District Magistrate to decide the representation within four weeks.
Summary
Petitioners Mohd Bilal Ismail and two others filed a writ petition seeking a mandamus to restrain a respondent and police from interfering with a boundary-raising activity on their land, and to compel the District Magistrate to decide a representation dated 16 September 2025. The petitioners limited their prayer to an expeditious decision on the representation. The State, represented by C.S.C., raised no objection to this limited prayer and indicated the representation would be decided promptly. The High Court, without addressing the merits of the interference claim, disposed of the petition, directing the District Magistrate of Pilibhit to decide the representation within four weeks. The order was signed by Judges Prakash Padia and Vivek Saran.
Issues considered
- What is the appropriate relief, if any, that the court can grant in the form of mandamus to restrain administrative interference in a boundary dispute?
- Whether the court should direct the District Magistrate to decide the petitioners' representation dated 16 September 2025 expeditiously.
Subjects
- mandamus
- writ petition
- boundary dispute
- administrative law
- representation
- district magistrate
- expeditious decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34562 of 2025
Mohd Bilal Ismail And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Alok Tiwari
Counsel for Respondent(s) : C.S.C.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Heard Sri Alok Tiwari, learned counsel for the petitioners and learned
Standing Counsel for the State-Respondents.
2. Present writ petition has been filed, inter-alia, with the following prayers:-
"(I) Issue a writ, order or direction in the nature of mandamus
commanding the respondents to restrain the respondent no.5 as
well as police personnel not to interfere in raising boundary over
the land in question of the petitioners without following due
procedure of law.
(II) Issue a writ, order or direction in the nature of mandamus
commanding the respondent nos.3 and 4 to decide the
representation made by the petitioners dated 16.9.2025
(Annexure No.8 to the writ petition)."
3. At the very outset, learned counsel for the petitioners has confined his
prayer only to the extent that the representation made by the petitioners to
the District Magistrate be directed to be decided expeditiously.
4. Learned Standing Counsel appearing on behalf of the State-respondents
has no objection to the said prayer and states that the said representation
would be decided by the respondent no.4 expeditiously.
5. In view of the aforesaid, without entering into the merits of the case, the
instant writ petition is disposed of, directing the respondent no.4/District
Magistrate, Pilibhit to decide the representation dated 16.9.2025 contained at
page 68 of the paper book (Annexure No.8) in accordance with law within a
period of four weeks from the date of presentation of certified copy of this
order.
September 16, 2026
Gaurav Kuls
(Vivek Saran,J.) (Prakash Padia,J.)
Digitally signed by :-
GAURAV KULSHRESTHA
High Court of Judicature at Allahabad
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