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2025 DAILYLAW 72861 (ALL)

SRI SAJJAN GIRI, @ SAJJAN SINGH v. THE STATE OF UTTAR PRADESH AND 5 OTHERS

WRIC/21656/2025 · 2025-07-09

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110310-DB Court No. - 21 Case :- WRIT - C No. - 21656 of 2025 Petitioner :- Sri Sajjan Giri, @ Sajjan Singh Respondent :- The State Of Uttar Pradesh And 5 Others Counsel for Petitioner :- Digvijay Singh,Sudhir Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayers have been made in the instant writ petition:- " A. Issue, a writ or direction in the nature of Mandamus' directed to respondent No.2 and 3 to restrain the illegal activities in (place of worship) campus of kali mata mandir, Moradabad and decide the representation dated 27.06.2025 (Ann-3) which is pending before the respondent No.2 & 3. B. Issue, a writ or direction in the nature of Mandamus' direct to respondent No.2 & 3 to maintain illegal activities in place of worship and restrain to the respondent No.4 to 6 not to interrupt in worship." 2. The petitioner claims himself to be Mahant and caretaker of the temple. He is claiming right under a Will dated 06.06.2003. It is admitted, that respondent No.4 is claiming share in the offerings. He has also instituted a civil suit, being Original Suit No.13 of 2019, which is still pending. 3. It is evident from the averments made in the writ petition that under the garb of seeking a direction that there may not be an interference in worship, the petitioner in fact wants an injunction against the private respondents in a matter which is highly disputed. 4. In our considered view, the writ petition is not an appropriate remedy, as the petitioner has ample remedies available under common law. 5. The writ petition is disposed of with liberty to the petitioner to avail such other remedy as may be advised. Order Date :- 10.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad