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2025 DAILYLAW 192030 (ALL)

JAGAR NATH PRASAD YADAV v. STATE OF U.P. AND 5 OTHERS

WRIC/36283/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36283 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Deepak Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for following relief:- "I. a writ, order or direction in the nature of mandamus commanding and directing to the respondents to comply with the order dated 20.12.2002 of the court below. II. a writ, order or direction in the nature of mandamus commanding and directing to the respondents to not interfere in the peaceful possession of the petitioner of the aforesaid land/property. III. a writ, order or direction in the nature of mandamus commanding and directing to the respondent no. 2 to decide the objection/application dated 26.2.2020 of the petitioner, same is still pending till date." 3. Upon perusal of the earlier order passed in writ petition filed by the petitioner it clearly transpires that the petitioner was refused remedy by this Court on the ground that serious civil dispute is going on between the parties. In the circumstances, we are of the view that no representation can do the needful. The relief claimed 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. Accordingly, we decline to grant indulgence in the matter. Versus Counsel for Petitioner(s) : Deepak Kumar Srivastava, Varsha Singh Counsel for Respondent(s) : C.S.C. Jagar Nath Prasad Yadav .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 4. Subject to aforesaid liberty this petition is consigned to records. October 17, 2025 Kirti WRIC No. 36283 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad