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2025 DAILYLAW 44762 (ALL)

SANTOSH PRAJAPATI AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/11863/2025 · 2025-05-25

Arun Kumar Singh Deshwal, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89492-DB Court No. - 3 Case :- WRIT - C No. - 11863 of 2025 Petitioner :- Santosh Prajapati And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akash Ojha,Ashok Kumar Yadav,Pankaj Dubey Counsel for Respondent :- C.S.C.,Vibhu Rai Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. The counter affidavit, filed on behalf of respondents No. 4 & 5, is taken on record. 2. The present petition has been filed, praying for the following relief:- "To issue a writ, order or direction in the nature of mandamus commanding the Respondents to not to interfere in the peaceful possession of the petitioners' part of land i.e.e, Khasra nos. 2006 area 0.0510 Hect., Khasra nos. 2007 area 0.2100 Hect. and 2009 area 0.2100 hect. situated in Village Harsewakpur No. 2 (Haweli), Tehsil Sadar, District Gorakhpur." 3. The counter affidavit, filed on behalf of respondents No. 4 & 5, shows that the dispute may involve the easementary rights of the vendees of the petitioners which are disputed questions of fact. 4. In view of the aforesaid, it is not a case for taking cognizance under Article 226 of the Constitution of India. The petitioner may exercise other statutory rights, available to him. 5. The petition is dismissed. Order Date :- 26.5.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad