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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