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2025 DAILYLAW 87984 (ALL)

NOORUDDIN v. STATE OF U.P. AND 10 OTHERS

WRIC/29026/2025 · 2025-09-08

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29026 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner by means of this writ petition, has prayed for the following reliefs :- I. Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondents not to help to private respondent no. 7 to 11 and evict from illegal possession of House situated over Araji B367/424 area 4Dec. (1800 Square Fit) which is duly recorded in the name of Late Sirajuddin (Father of Petitioner) in the Revenue Record as well as in record of register of Municipal Corporation Varanasi District-Varanasi. II. Issue a writ, order or direction in the nature of mandamus commanding and directing to respondent no.3 (Commissioner Municipal Corporation Sigra Varanasi District-Varanasi to decide the application dated 1.2.2025 moved by petitioner (Annexure No.4) with specific and reasoned order. 3. The dispute is essentially a private dispute between the petitioner and respondent nos. 7 to 11 in as much as the allegation of the petitioner is that the respondent nos. 7 to 11 with the help of administrative authorities has illegally dispossessed the petitioner . The controversy involves disputed questions of fact, including the question whether the petitioner is the lawful owner of the house in question and whether he has been illegally dispossessed, which can only be adjudicated upon proper appreciation of evidence on record. 4. The Court is of the considered view that since the dispute is purely civil in Versus Counsel for Petitioner(s) : Indradeo Counsel for Respondent(s) : C.S.C., Vineet Sankalp Nooruddin .....Petitioner(s) State Of U.P. And 10 Others .....Respondent(s) nature, involving disputed questions of fact, no relief, as prayed for, can be granted in the present writ petition. 5. With the aforesaid observations, the writ petition is dismissed with liberty to the petitioner to avail appropriate legal remedy available under law. September 9, 2025 Gaurav WRIC No. 29026 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad