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2025 DAILYLAW 43726 (ALL)

GANESH BHARDWAJ v. STATE OF U.P. AND 6 OTHERS

WRIC/12244/2025 · 2025-10-09

Neeraj Tiwari, Vivek Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 12244 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for petitioner, learned standing counsel for respondent no. 1, Sri Satyam Rawat, Advocate holding brief of Sri Vineet Sankalp, learned counsel for respondent nos. 2 to 6 and Sri Atul Dayal, learned Senior Counsel assisted by Ms. Vaishali Sahu, learned counsel for respondent no. 7. 2. Present petition has been filed seeking following relief:- "Issue a writ, order or direction in the nature of mandamus directing respondents- authorities to jointly allot the shop no. 44A to both petitioner and Respondent No. 7 and execute fresh Lease Deed in respect of shop no. 44A Area 4.48 Square Meters situate at Mauza Shri Kashi Vishwanath Temple Corridor, Ward Chowk, Pargana Dehat Amanat, Tehsil Sadar, District Varanasi, in their favour, jointly, overriding previous Lease Deed dated 24.03.2025, registered on 01.03.2025 (Annexure No. 5 to the writ petition)." 3. Learned Senior Counsel appearing for respondent no. 7 submitted that a will deed dated 01.03.2025 has been executed in favour of respondent no. 7 and without challenging the same, present petition has been filed. He further submitted that for cancellation of will deed, remedy is to file civil suit, therefore, this petition is not maintainable. 4. Learned counsel for petitioner could not dispute the aforesaid facts. 5. Accordingly, writ petition is dismissed with liberty to approach appropriate forum, if so advised. October 10, 2025 Sartaj Versus Counsel for Petitioner(s) : Ajay Kumar Singh, Ashish Kumar Singh, Tejas Singh Counsel for Respondent(s) : C.S.C., Manish Gupta, Prakash Chandra Dwivedi, Vaishali Sahu, Vineet Sankalp (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Ganesh Bhardwaj .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad