The Allahabad High Court bench comprising Hon’ble Mr. Justice Arindam Sinha and Hon’ble Dr. Justice Yogendra Kumar Srivastava delivered a ruling on a writ petition filed by petitioner Zameer Uddin.
During the hearing, Mr. Kumar Anubhav Srivastava, learned advocate, appeared on behalf of the petitioner. He submitted that the petitioner was facing illegal resistance from private respondents no. 4 and 5 while attempting to construct a boundary wall over his ancestral property.
Attention was drawn to a previous complaint dated 3rd May, 2025, addressed to the Commissioner of Police, and it was also submitted that a formal complaint had subsequently been lodged on the portal. Mr. Srivastava urged the Court to intervene in the matter.
In response, Mr. D.K. Tiwari, learned advocate and Additional Chief Standing Counsel, along with Mr. Raj Kumar Tiwari, learned Standing Counsel, appeared on behalf of the State of U.P.
Mr. Tiwari informed the Court that following the complaint submitted on the portal, an enquiry was conducted, and the Gram Sabha had reported that the petitioner was indeed attempting to construct the wall on his own land.
However, the Court noted that they were not inclined to issue notice against private respondents no. 4 and 5 at this stage. The Sub-Divisional Magistrate had already conducted a spot inspection on 15th April, 2025, and concluded that the petitioner was constructing the boundary wall on his land.
The Court stated that if the petitioner still faces any obstruction or resistance, he must first obtain a demarcation of his ancestral property from the revenue authority concerned. Only thereafter, and upon being denied rightful possession, would the petitioner be permitted to invoke legal remedies by approaching the appropriate authority or court within a reasonable time.
