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Allahabad High Court

COMMITTEE OF MANAGEMENT ACHARYA PANDIT SURESH DATTA TRIPATHI VIDYA MANDIR SHIKSHA SAMITI AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court held that no relief could be granted in the writ petition and consigned the petition to the records, suggesting the petitioners may file a suit for possession.

Summary

The petitioners, a school management committee, filed a writ petition alleging that the State of Uttar Pradesh and other respondents were interfering with the peaceful functioning of their institution located on land claimed to belong to the Narcotics Department, Government of India. The petitioners asserted possession of the land since 1990, supported by a Khatauni showing possession in their favor, while the respondents contended that the land legally belongs to the Narcotics Department. The Court examined the documentary evidence and the competing claims of title and possession. It concluded that the Court could not grant any specific relief to the petitioners in the writ proceedings. However, the Court advised that the petitioners could institute a civil suit for possession if they wished, subject to legal maintainability. Consequently, the petition was consigned to the records.

Issues considered

  • Whether the petitioners are entitled to relief under the writ petition to prevent interference with their institution on land claimed by the Narcotics Department
  • Whether the Court can grant any relief in the absence of a clear title dispute

Subjects

  • land possession
  • government land
  • institutional property
  • writ petition
  • relief
  • jurisdiction

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                              WRIT - C No. - 35725 of 2026


                                    Committee Of Management Acharya Pandit Suresh
                                    Datta Tripathi Vidya Mandir Shiksha Samiti And
                                    Another                                                       .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 4 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        : Deo Prakash Singh, Shubham Kumar
                                                                       Singh
                                    Counsel for Respondent(s)        : C.S.C.

                                    Court No. - 1
                                                          HON'BLE AJIT KUMAR, J.
                                                          HON'BLE SIDDHARTH NANDAN, J.

                                    1. Heard learned counsel for the parties.

                                    2. Petitioner is aggrieved by the action of the respondents in causing
                                    interference in peaceful functioning of institution namely Acharya Pandit
                                    Suresh Datta Tripathi Vidya Mandir Shiksha Samiti, Village and Post
                                    Badahalganj, District Gorakhpur situated over the land, which is claimed
                                    to be the land belonging to Narcotics Department, Government of India. It
                                    is sought to be contended that there are various other buildings and the
                                    petitioner-institution is being run since 1990. Upon perusal of the
                                    Khatauni, it is reflected that only possession is recorded in favour of the
                                    institution whereas the land in question belongs to Narcotics Department,
                                    Government of India.

                                    3. In the given facts and circumstances, no relief as such can be granted to
                                    the petitioner by this Court. However, petitioner can institute a suit on the
                                    basis of possession, if so advised subject of-course its legal
                                    maintainability.

                                    4. Subject to aforesaid liberty, this petition is consigned to records.



                                                                       (Siddharth Nandan,J.) (Ajit Kumar,J.)
                                    September 16, 2026
                                    A.K.Srivastava




Digitally signed by :-
ARUN KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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