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2025 DAILYLAW 94170 (ALL)

MOHAMMAD ANIS v. STATE OF U.P. AND 5 OTHERS

WRIC/31817/2025 · 2025-09-11

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31817 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Shri Rohit Kumar, learned counsel for the petitioners, Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State respondents and Sri Avadhesh Narayan Dubey, learned counsel for the Prayagraj Development Authority. 2. The instant writ petition has been filed seeking following relief:- "I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2/Police Commissioner, Police Commissionerate, Prayagraj District-Prayagraj and the respondent no. 5/Station House Officer of Police Station-Dhoomanganj, District Prayagraj to restrain the respondent no. 6 not raising dispute in the movement of the petitioner in Gali and also restrain the respondent no. 6 for no lock the gate installed in the gali. II. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 5/Station House Officer of Police Station-Dhoomanganj, District-Prayagraj to decide the application dated 03.02.2025 submitted by the petitioner before him within stipulated period as fixed by this Hon'ble Court within stipulated period as fixed by this Hon'ble Court." 3. From the record of the case, it is apparent that the dispute inter se is purely between private parties which cannot be adjudicated by invoking discretionary jurisdiction under Article 226 of the Constitution of India. Hence, we are not inclined to make any indulgence in the matter at this Versus Counsel for Petitioner(s) : Rohit Kumar, Shardendu Mishra Counsel for Respondent(s) : Avadhesh Narayan Dubey, C.S.C., Somya Chaturvedi Mohammad Anis .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) stage. However, leave is accorded to the petitioner to avail appropriate remedy available to him under law, before the competent civil court. 4. In view thereof, the writ petition stands disposed of. September 12, 2025 Kirti WRIC No. 31817 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad