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2025 DAILYLAW 193627 (ALL)

SHIV KARAN AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/33395/2025 · 2025-10-06

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33395 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Arvind Singh, learned counsel for the petitioners and learned Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution petitioners have prayed for following reliefs:- "i. Issue and seeking a writ of mandamus commanding the respondent no. 2 to restrain the respondent no. 5 not to interfere in the peaceful possession of the petitioners. ii. Issue a writ, order or direction in nature of mandamus commanding the respondent no. 2 to decide the representation dated 25.08.2025 within stipulated period as fixed by this Hon'ble Court. iii. Issue a writ, order or direction in nature of mandamus commanding the respondent no. 2 to demolish the illegal encroachment which is create by the respondent no. 5." 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 7, 2025 #Vikram/- Versus Counsel for Petitioner(s) : Arvind Singh Counsel for Respondent(s) : C.S.C. (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Shiv Karan And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad