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2025 DAILYLAW 90093 (ALL)

SUNITA DEVI v. STATE OF U.P. AND 8 OTHERS

WRIC/33804/2025 · 2025-10-07

Ajit Kumar, Swarupama Chaturvedi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33804 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard learned counsel for the parties and perused the records. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for following relief: "i). Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 and 3 to take appropriate action against the respondent no. 4 and 5 and restrain to the respondent no. 6 to 9 from constructing the house over the land of petitioner being Gata No. 1132 measuring area 0.397 hectare during the pendency of Suit No.- 847 of 2025 (Sunita Devi vs. Kuldeep and others) pending before the court of Civil Judge (Junior Division) Mainpuri, in pursuance of the cancellation of sale deed dated 30.12.2021 and Suit No. 119 of 2015 (Kuldeep vs. Girish Kumar) pending before the court of Nayab Tehsildar, Tehsil - Bhogaon, District - Mainpuri in pursuance of restoration application against the order dated 07.03.2022 to the respondent no. 6 to 9." 3. In our considered view, the relief is in the nature of injunction arising out of a pure civil dispute which may involve disputed questions of fact and hence, petitioner may avail remedy of civil suit, if so advised. According, we decline to grant indulgence in the matter. Versus Counsel for Petitioner(s) : Sunil Kumar Counsel for Respondent(s) : C.S.C. Sunita Devi .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) 4. Subject to aforesaid liberty, this petition is consigned to records. October 8, 2025 Atmesh WRIC No. 33804 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad