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2025 DAILYLAW 39436 (ALL)

SABIR v. STATE OF U.P. AND 4 OTHERS

WRIC/10591/2025 · 2025-04-09

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52724-DB Court No. - 3 Case :- WRIT - C No. - 10591 of 2025 Petitioner :- Sabir Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shantanu Srivastava Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner at length. 2. The writ petition has been filed seeking the following relief:- "I) Issue a writ, order or direction in the nature of Mandamus directing the respondents not to interfere/disposes in the peaceful possession over the house situated at Mohalla Laxmanganj Chanduasi, District Sambhal which was purchased by petitioner through register sale deed by its registered owner Sabina Begum W/O Liyakat Hussain on 06.09.2017." 3. From the submissions made and averments contained in the writ petition, it transpires that a complaint was made on an online portal against the petitioner. 4. Subsequent to consideration of averments in the complaint, a notice has been issued to the petitioner. This notice dated 18.03.2025 states that the petitioner claims title on the basis of a registered sale deed in his favour. The petitioner therefore has been called upon to appear before the Tehsildar along with the documents evidencing his title. 5. It is the submission of learned counsel for the petitioner that this notice has been replied and the requisite documents have been produced before the Tehsildar. 6. It is only contended that the respondents are orally trying to dispossess the petitioner. 7. The writ Court under Article 226 of the Constitution of India cannot go into the disputed questions of facts as the same necessarily requires evidence to be adduced, considered and appreciated. 8. Under the circumstances, this Court does not consider it appropriate to interfere in the matter leaving it open for the petitioner to file a suit for injunction in case so advised. 9. The writ petition is accordingly dismissed. Order Date :- 10.4.2025\Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad