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2025 DAILYLAW 192421 (ALL)

IFTEKHAR MAHMOOD ANSARI @ AFKHAR MAHMOOD AJMERI AND ANOTHER v. STATE OF U.P. AND 10 OTHERS

WRIC/36199/2025 · 2025-10-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36199 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Amar Bahadur Singh, 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) Issue a writ, order or direction in the nature of mandamus commanding to the respondent no. 2and 3 to hold an extensive inquiry either himself or any other officer on their rank to take appropriate action according to law against the respondent no. 4, 5, 6, 7, 8, 9 and 10 as they have done illegal encroachment on the property of petitioners without having any legal order from any competent authority handed over the said property to the respondent no. 10, and hand over the peacefull possession to the respondent no. 10, and hand over the peacefull possession of property bearing Gata (Arazi) no. 42 having area 0.101 hectare (1010 Sq. Mtr.)" 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. Accordingly, we decline to grant indulgence in the matter. 4. Subject to aforesaid liberty this petition is consigned to records. October 17, 2025 Kirti Versus Counsel for Petitioner(s) : Amar Bahadur Singh, Anil Kumar Pandey, Vijaya Upadhyay, Vishnu Kumar Prasad Counsel for Respondent(s) : C.S.C. (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Iftekhar Mahmood Ansari @ Afkhar Mahmood Ajmeri And Another .....Petitioner(s) State Of U.P. And 10 Others .....Respondent(s) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad