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2025 DAILYLAW 191311 (ALL)

MOOLA DEVI AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/24499/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 24499 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the parties and perused the records. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for following relief: "i). Issue a writ, order or direction in the nature of mandamus commanding/directing upon the respondents (specifically respondent nos. 2 to 4) to provide the possession of the petitioners over the plot no.1556(mi) area of 0.405 hectare situated in Mauja Naugaon, Post Naugaon, Pargana/Tehsil/District Mainpuri as the petitioners are the owner in possession over the land in dispute on the basis of registered sale deed. (ii) Issue a writ, order or direction in the nature of mandamus commanding/directing upon the respondents not to interfere in the peaceful possession over the plot No.1556(mi) area 0.405 hectare situated in Mauja Naugaon, Post Naugaon, Pargana/Tehsil/District Mainpuri." 3. In our considered view, the relief is in the nature of injunction arising out of a pure civil dispute which may involve disputed questions of fact and hence, petitioner may avail remedy of civil suit, if so advised. According, we decline to grant indulgence in the matter. 4. Subject to aforesaid liberty, this petition is consigned to records. October 14, 2025 Junaid Versus Counsel for Petitioner(s) : Shailendra Kumar Tripathi Counsel for Respondent(s) : C.S.C. (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Moola Devi And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad