AKBAR ALI Vs. STATE OF U.P., THRU, SECRETARY, REVENUE AND OTHERS
LAWS(ALL)-2012-1-470
HIGH COURT OF ALLAHABAD
Decided on January 12,2012

AKBAR ALI Appellant
VERSUS
State Of U.P., Thru, Secretary, Revenue And Others Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioner as well as Sri Girish Chandra Sinha, learned counsel for the respondent No. 6 and learned Standing Counsel for the State.
(2.) WITH the consent of parties' counsel, the writ petition is being decided at the admission stage.
(3.) THE grievance of the petitioner is that in the controversy involving the private dispute between the petitioner and the respondent No. 6, the respondent No. 3 -Tehsildar, Tehsil Sadar, District Faizabad is interfering with the matter on his own without any authority of law. Vide impugned order dated 29th of March, 2011, he has issued direction for stoppage of construction work over the land in question. It is settled proposition of law that State/State's Authority have no right to interfere with the peaceful possession over the property except in accordance to law. The Tehsildar or the other Revenue Authorities may not interfere, unless they are directed to do so by the competent Court or competent authority in accordance to law. In absence of any order passed on the judicial side or on the quasi judicial side, the respondent No. 3 -Tehsildar does not have any right to interfere with the peaceful possession over the property in question.;


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