Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 11879 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. The petitioner by means of the present petition, has prayed for the following reliefs:- (A) Issue a writ, order or direction in the nature of mandamus directing the respondent No.1 & 4 to take appropriate action against the respondent No. 5 to 9 for installation/establishment of Religious Idol (Dharmik Murti) on the path just to the front of house/shop of the petitioner situated Mohalla Sahabuddin, Kuttiwala, New Market Rohta Road, Aurangshahpur, Golabarh, P.S.-T.P. Nagar, District-Meerut.
(B) Issue a writ, order or direction in the nature of mandamus directing the respondent No.1 & 4 to remove the pillars, constructed on the path by respondent No. 5 to 9 just to the front of house/shop of the petitioner situated Mohalla Sahabuddin, Kuttiwala, New Market Rohta Road, Aurangshahpur, Golabarh, P.S.-T.P. Nagar, District-Meerut.
3. The grievance of the petitioner is that respondent nos. 5 to 9 are establishing an idol on the path just in front of house/shop situated Mohalla Sahabuddin, Kuttiwala, New Market Rohta Road, Aurangshahpur, Golabarh, P.S.-T.P. Nagar, District-Meerut.
4. The question as to whether respondent nos. 5 to 9 are installing the idol on land owned by them or on a public pathway, and whether such installation obstructs the ingress or egress of the petitioner, involves disputed questions of fact. Such issues can be determined on the basis of pleadings and Versus Counsel for Petitioner(s) : Harish Chandra Counsel for Respondent(s) : C.S.C. Hazi Sahabuddin .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s)
evidence on record.
5. Since the dispute involves disputed questions of fact, therefore, we are not inclined to grant the reliefs as prayed for in the writ petition.
6. Accordingly, the writ petition is dismissed, with liberty to the petitioner to avail appropriate remedy available under law. September 15, 2025 Gaurav WRIC No. 11879 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad