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2025 DAILYLAW 90263 (ALL)

SANTOSH KUMAR JAISWAL v. ADDITIONAL CHIEF SECRETARY AND 4 OTHERS

WRIC/29964/2025 · 2025-09-15

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29964 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard Sri Ishan Deo Giri, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri S.K. Srivastava, learned counsel for the respondent nos. 4 and 5. 2. By means of the present writ petition, the petitioner has prayed for the following reliefs:- (i) An appropriate writ order or direction to issue ad interim mandamus commanding the respondents to not to dispuses, change the status of the land of the petitioner unlawfully Gata No. 3107 situated at Village Kasba Ghisua Khas Post Ghisua, Tehsil Machhali Shahar, District Jaunpur. (ii) An appropriate writ order or direction to respondent no.5 to decide the representation dated 1.8.2025 filed by the petitioner. 3. On instructions, Sri S.K. Srivastava, learned counsel for respondent nos. 4 and 5 has submitted that Gata No. 3107 is recorded as pond land in the revenue records. It is further submitted that the petitioner claims ownership over Gata No. 3107/1 Minjumla, which is a different plot. It is alleged that under the garb of asserting title over Gata No. 3107/1, the petitioner is in fact attempting to encroach upon the land recorded as pond in the revenue record. 4. Since the question as to whether there exists any plot on Gata No. 3107/1, which is claimed to have been purchased by the petitioner, and whether the petitioner is in possession of Gata No. 3107/1 or is attempting to encroach upon Gata No. 3107, which is recorded as a pond, involves disputed questions of fact, the same cannot be adjudicated by this Court in exercise of Versus Counsel for Petitioner(s) : Ishan Deo Giri Counsel for Respondent(s) : C.S.C., Gaurav Kumar Chaturvedi Santosh Kumar Jaiswal .....Petitioner(s) Additional Chief Secretary And 4 Others .....Respondent(s) its jurisdiction under Article 226 of the Constitution of India. Such disputes can only be determined on the basis of pleadings and assessment of evidence on record. 5. In such view of the fact, we are not inclined to grant the relief as prayed for by the petitioner in the present writ petition. Accordingly, the writ petition is dismissed with liberty to the petitioner to avail appropriate remedy available under law. September 16, 2025 Gaurav WRIC No. 29964 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad