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2026 DAILYLAW 13465 (ALL)

MAHAVEER AGRAWAL v. STATE OF U.P. AND 6 OTHERS

WRIC/38757/2026 · 2026-09-30

Ajit Kumar, Garima Prashad

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 38757 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE GARIMA PRASHAD, J. 1. Heard learned counsel for the parties and perused the records. 2. By means of present petition filed under Article 226 of the Constitution, petitioner has prayed for following relief: "issue a writ, order or direction in the nature of mandamus directing the respondent authorities to restraining the Respondent No. 6 and 7 from making illegal encroachment and construction over the land of the petitioner being Khata No. 80 Gata No. 1579 (छिम.) area 0.0140 hectare which was attached under the proceeding of Criminal Misc. Case No. 315 of 2024 (Pooja Agrawal versus Mahaveer Agrawal) under section 128 Cr.P.C. of the court of learned Principal Judge Family Court, Sonbhadra." 3. In our considered view, the relief is in the nature of injunctions 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. Accordingly, we decline to grant indulgence in the matter. 4. Subject to aforesaid liberty, this petition is consigned to records. October 1, 2026 Kuldeep Versus Counsel for Petitioner(s) : Deo Prakash Singh, Rishi Kumar Singh Counsel for Respondent(s) : C.S.C. (Garima Prashad,J.) (Ajit Kumar,J.) Mahaveer Agrawal .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad