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Allahabad High Court

VIRENDRA SINGH AND 16 OTHERSversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The writ petition is dismissed; the petitioners must pursue a civil suit for relief.

Summary

The petitioners, owners of plot no. 266‑Kha (2.47 acres), alleged that the State of U.P. and other respondents were illegally dumping seized and abandoned vehicles on their land. They filed a writ petition seeking an injunction to stop the dumping. The Court examined the records and held that the petitioners' grievance about possession of the land without acquisition is a matter for a civil suit, not a writ remedy. Consequently, the Court found no basis to grant any interim relief. The writ petition was therefore dismissed and the matter left to the appropriate civil forum.

Issues considered

  • Whether a writ petition is the appropriate remedy to restrain the State from dumping seized vehicles on private land
  • Whether the respondents have a legal right to occupy the petitioners' plot without acquisition

Subjects

  • illegal dumping
  • injunction
  • civil suit
  • land possession
  • writ petition
  • procedural remedy
  • High Court of Allahabad

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                WRIT - C No. - 37796 of 2025

                                    Virendra Singh And 16 Others
                                                                                                          .....Petitioner(s)
                                                                             Versus

                                    State Of U.P. And 6 Others
                                                                                                       .....Respondent(s)

                                    Counsel for Petitioner(s)             : Abhishek Kumar Yadav, Bhola Nath
                                                                            Yadav
                                    Counsel for Respondent(s)             : C.S.C.

                                    Court No. - 29

                                                           HON'BLE SIDDHARTHA VARMA, J.

                                                           HON'BLE KUNAL RAVI SINGH, J.


                                    1. Heard learned counsel for the petitioners and learned Standing Counsel for the State
                                    respondents.

                                    2. The petitioners have filed this petition with regard to stopping the respondents from
                                    parking/dumping/storing the seized and abandoned vehicles over the plots of the
                                    petitioners bearing no. 266-Kha, area 2.47 acres.

                                    3. The petitioners allege that the said land is being used by the respondents for illegal
                                    dumping of the vehicles which cannot be permitted in any circumstances. The
                                    petitioners, in this regard, have filed representation to the Superintendent of Police,
                                    Chandauli - respondent no. 3. The sole prayer is to injunct the respondents from illegal
                                    dumping of the vehicles over the plot of the petitioners.

                                    4. We have perused the records available on record and we find that if the petitioners
                                    are aggrieved by taking over possession by the respondents of the plots in question
                                    without any acquisition, then the appropriate remedy for the petitioners is to adopt the
                                    due process of law i.e. to file a civil suit before the appropriate forum. As such, no
                                    further orders are required to be passed in the petition.

                                    5. Accordingly, the instant writ petition stands disposed of.




                                                                    (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 28, 2026/Sumit S



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

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