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2025 DAILYLAW 74905 (ALL)

SMT. MALTI DEVI AND 2 OTHERS v. STATE OF UP AND 2 OTHERS

WRIC/29366/2025 · 2025-09-09

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29366 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State respondents and Sri Rajesh Khare, learned counsel for respondent no. 3. 2. The petitioners by means of the present writ petition, have prayed for the following reliefs :- I. Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 to decide the application of the petitioners dated 26.5.2025 (Annexure No.8 to the writ petition), within the time stipulated by this Hon'ble Court. II. Issue a writ, order or direction in the nature of Mandamus directing the respondent no.3 to not interfere in the peaceful possession of the petitioners. 3. Sri Rajesh Khare, learned counsel for the respondent no.3 has submitted that the petitioners have already instituted a civil suit before the competent civil court seeking the relief prayed for in the present writ petition. 4. Since the petitioners have already pursuing the remedy available under law, therefore, for the same cause of action the present writ petition is not maintainable. 5. Accordingly, the writ petition is dismissed. September 10, 2025 Gaurav Versus Counsel for Petitioner(s) : Vijay Kumar, Vishnu Prasad Counsel for Respondent(s) : C.S.C. (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Smt. Malti Devi And 2 Others .....Petitioner(s) State Of Up And 2 Others .....Respondent(s) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad