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2025 DAILYLAW 64415 (ALL)

RAIS AHAMAD v. STATE OF U.P. AND 4 OTHERS

WRIC/17679/2025 · 2025-07-02

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103799-DB Court No. - 21 Case :- WRIT - C No. - 17679 of 2025 Petitioner :- Rais Ahamad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rizwan Ahmad Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. None present for the petitioner to press the writ petition. 2. The following prayers have been made in the writ petition:- "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents authority to vacate the house of the petitioner from illegal possession of respondent no. 5 or as this Hon'ble Court deem fit and proper for the sake of justice. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to decide the aforesaid matter in accordance with law within a stipulated period which being fixed by this Hon'ble Court." 3. After going through the averment made in the writ petition, we are of the view that the present petition wherein the petitioner has raised dispute relating to possession over immovable property between him and respondent no. 5 would not be maintainable. The remedy of the petitioner is under common law or in case, any criminal offence has been committed to take appropriate action in that regard. 4. With the aforesaid liberty reserved in favour of the petitioner to seek appropriate remedy, the petition stands disposed of. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 3.7.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad