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2025 DAILYLAW 79676 (ALL)

MOHAMMAD SHIVAN KHAN v. STATE OF U.P. AND 4 OTHERS

WRIC/25559/2025 · 2025-10-06

Neeraj Tiwari, Vivek Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 25559 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J. HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. Present writ petition has been filed with a prayer to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to restrain the running shop of respondent no. 5 and remove encroachment from public utility land. 3. Learned Standing Counsel submits that there is a civil dispute between the parties and in this regard a Civil Suit No. 54 of 2023 is also pending for the same land in question, therefore, relief cannot be granted. 4. Learned counsel for the petitioner could not dispute the aforesaid fact that no relief can be granted. 5. Accordingly, the writ petition is dismissed with no order as to costs. 6. It is made clear that writ court cannot adjudicate the disputed questions of fact while exercising its power conferred under Article 226 of the Constitution of India. October 7, 2025 A.P. Pandey Versus Counsel for Petitioner(s) : Gaynesh Kumar Dixit Counsel for Respondent(s) : C.S.C. (Vivek Kumar Singh,J.) (Neeraj Tiwari,J.) Mohammad Shivan Khan .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad