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2025 DAILYLAW 15779 (ALL)

BIRENDRA TYAGI AND ANOTHER v. STATE OF U.P. AND 7 OTHERS

WRIC/3783/2025 · 2025-02-11

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19642-DB Court No. - 3 Case :- WRIT - C No. - 3783 of 2025 Petitioner :- Birendra Tyagi And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Shiv Sagar Singh Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard counsel for the petitioners. 2. The writ petition has been filed seeking the following reliefs: "(i) Issue writ, order or direction in the nature of mandamus commanding the respondents not to construct the passenger shed just over front of the shop of the petitioners. (ii) Issue writ, order or direction in the nature of mandamus commanding the District Magistrate, Meerut to decide the issue of the petitioner by speaking orders." 3. The contention of the counsel for the petitioners is that the construction of passenger shed is unnecessary apart from being malicious towards the petitioners. 4. The question as to whether passenger shed is required or not is a disputed question of fact which is beyond the scope of writ petition under Article 226 of the Constitution of India. 5. Under the circumstances, the petition is dismissed leaving it open to the petitioners to seek such remedy as may be available to them in accordance with law for redressal of their grievance. Order Date :- 11.2.2025 sfa/ Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad