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2025 DAILYLAW 48067 (ALL)

ZAHEER AHMAD v. STATE OF UP AND 5 OTHERS

WRIC/32041/2021 · 2025-07-21

Arun Kumar Singh Deshwal, Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119462-DB Court No. - 40 Case :- WRIT - C No. - 32041 of 2021 Petitioner :- Zaheer Ahmad Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Ajay Singh,Hitesh Kumar Mishra Counsel for Respondent :- Arvind Srivastava Iii,C.S.C.,Ramesh Kumar Shukla Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner has approached this Court praying for a writ of mandamus directing the respondents No.2 to 4 to demolish illegal wall constructed by the respondent No.6 over the land of Araji No.1793 of the Nagar Panchayat in front of the gate of the petitioner. 3. The grievance of the petitioner is that the respondent No.6 has constructed a wall over the land of Araji No.1793 of the Nagar Panchayat which is obstructing the ingress and egress of the petitioner. In the aforesaid backdrop, he has prayed for a writ of mandamus. 4. Be that as it may, the question as to whether the wall raised by the respondent No.6 is upon the land of the Nagar Panchayat or not and further, whether the said wall is creating obstruction in ingress and egress of the petitioner is a question of fact which can be decided only on the basis of necessary evidence led by the parties. 5. This Court under Article 226 of the Constitution of India cannot decide the disputed question of fact. 6. Accordingly, the writ petition is dismissed with liberty to the petitioner to avail appropriate remedy available in law. Order Date :- 22.7.2025 SS (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad