HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 11825 of 2020 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and Sri Ravi Ranjan, learned counsel for the respondents. 2. The petitioner by means of present writ petition has prayed for following relief: "A-Issue a writ, order or direction in the nature of mandamus commanding and directing respondents authority to remove their tower from the petitioner roof. B-Issue a writ, order or direction in the nature of mandamus commanding and direct the respondents authority to pay all the arrears and balance amount which are due with all consequential benefits." 3. According to the petitioner, there is an agreement between the petitioner and respondent that the rent shall be increased periodically. 4. When specific query has been raised to the learned counsel for the petitioner that under which clause such a condition is stipulated, he submits that there is no such clause in the agreement as the periodically enhancement of rent has been agreed between the parties orally. 5. The question as to whether there was an oral agreement between the parties for periodical enhancement of rent is a question of fact which cannot be determined by this Court under Article 226 of the Constitution of India. 6. The writ petition is dismissed with liberty to the petitioner to avail Versus Counsel for Petitioner(s) : Ashish Rai, Om Prakash Rai Counsel for Respondent(s) : Ravi Ranjan Pramod Kumar Singh .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) appropriate remedy available to him in law. September 18, 2025 Mohit WRIC No. 11825 of 2020 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad