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2025 DAILYLAW 19780 (ALL)

INDRA BHUSHAN SINGH AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/4716/2025 · 2025-03-02

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29882 Court No. - 32 Case :- WRIT - C No. - 4716 of 2025 Petitioner :- Indra Bhushan Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jay Prakash Gupta Counsel for Respondent :- Ajitabh Choubey,C.S.C.,Harindra Tiwari,Neetu Singh Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for respondent nos.1 to 3 and Ms. Neetu Singh, learned counsel for respondent no.4. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "i. Issue a writ, order or direction in the nature of mandamus directing to the respondent no.2 who shall take appropriate decision on the application dated 10.01.2025 given by petitioners regarding illegally schools is being run on the property which has not relates to the respondent no.4. ii. Issue any suitable order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 3. The allegation of the petitioner is that respondent-College is constructing a building over the land of petitioner and Gaon Sabha whereas there is an interim order passed by the Settlement Officer Consolidation in respect of land in dispute which interim order is still operating, and in such factual position, the relief, extracted above, has been prayed for by the petitioner. 4. Be that as it may, whether the building has been constructed over the land of petitioner or Gaon Sabha or whether the land is owned by respondent-College is a disputed question of fact which cannot be decided by this Court in exercise of power under Article 226 of the Constitution of India. 5. Accordingly, writ petition is dismissed with liberty to the petitioner to approach appropriate forum for the aforesaid relief. Order Date :- 3.3.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad