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2025 DAILYLAW 48716 (ALL)

CHANDRA MOHAN JAISWAL v. STATE OF U.P. AND ANOTHER

WRIC/12933/2025 · 2025-04-28

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66378-DB Court No. - 3 Case :- WRIT - C No. - 12933 of 2025 Petitioner :- Chandra Mohan Jaiswal Respondent :- State of U.P. and Another Counsel for Petitioner :- Pankaj Sharma Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard. 2. The petition seeks the following relief:- "i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 to remove the illegal construction of public toilet room over the property of petitioner situated in Khasra no. 93-Ga in Ratan Chhatri, Vrindavan, District Mathura." 3. Counsel for the petitioner is not in a position to answer the query of the Court. He was asked to produce, prima facie, some document to show that his name or his wife is recorded over the property in question in Plot No. 93-Ga. This has not been done. 4. He has referred to only a registered sale deed in favour of his wife, but there is nothing to show that the vendor had title to sell. Neither has the petitioner's wife been mutated on the basis of the sale deed in her favour. At least, no evidence in this regard has been filed on record. 5. Under the circumstances and since there is nothing on record pertaining to the revenue entry regarding plot no. 93-Ga, no case for interference is made out. 6. The writ petition is dismissed leaving it open for the petitioner to avail such remedy that may be available under common law for redressal of his grievance in case so advised. Order Date :- 29.4.2025 sfa/ Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad