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2025 DAILYLAW 36489 (ALL)

AYODHYA PRASAD v. STATE OF U.P. AND 3 OTHERS

WRIC/10449/2025 · 2025-04-08

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51782-DB Court No. - 3 Case :- WRIT - C No. - 10449 of 2025 Petitioner :- Ayodhya Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- C.S.C.,Surnedra Prasad Shukla Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Heard learned counsel for the petitioner and counsel appearing for the respondents 3 and 4. Challenge in the writ petition is to an order dated 24.03.2025 passed by the Additional Chief Officer, Zila Panchayat, Basti, which states that a shop belonging to the Zila Panchayat was allotted in favour of the petitioner but its user has been changed and the same is being used for residential purposes, which is contrary to the terms of the agreement whereunder the shop had been allotted to the petitioner. Such action is also contrary to the rules. The contention of learned counsel for the petitioner is that the shop is not being used for residential purposes contrary to what has been stated in the impugned order. Under the circumstances, we are constrained to hold that the dispute sought to be raised by means of this writ petition is basically a factual dispute, which is beyond the scope of a writ petition. No law point requires consideration to determine as to whether the shop is being used for residential purposes or is being used as a shop. Under the circumstances and since the dispute is beyond the scope of a writ petition under Article 226 of the Constitution, the petition is dismissed, leaving it open for the petitioner to avail such remedy as may avail to him under common law for redressal of his grievance. Order Date :- 9.4.2025 Mayank Digitally signed by :- MAYANK KUMAR SHARMA High Court of Judicature at Allahabad