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2026 DAILYLAW 1699 (ALL)

TANVEER AHMAD v. STATE OF U.P. AND 16 OTHERS

SPLA/502/2026 · 2026-05-06

Arun Bhansali, Kshitij Shailendra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 502 of 2026 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This appeal is directed against order dated April 1, 2026 passed by learned Single Judge in Writ-C No. 3145 of 2026, wherein the learned Single Judge on coming to the conclusion that the dispute of the petitioner with respondents no. 6 to 17 pertains to property in dispute which involves disputed questions of fact, which cannot be determined and adjudicated in writ jurisdiction and, consequently, the petition has been disposed of leaving it open for the petitioner-appellant to seek appropriate remedy available to him in proceedings under the U.P. Revenue Code or any other laws as he may be advised. 2. The appellant appearing in person made submissions that the learned Single Judge was not justified in disposing of the writ petition on count of the fact that the disputed questions of law were involved. Submissions have been made that the issue was required to be determined by this Court only and, therefore, the order impugned deserves to be set aside. 3. We have considered the submissions made and have perused the material available on record. 4. In the writ petition the appellant has sought following reliefs:- "PRAYER It is, therefore, Most Respectfully prayed that this Hon'ble Court may Versus Counsel for Appellant(s) : In Person Counsel for Respondent(s) : Ramanand Pandey, A.C.S.C. Tanveer Ahmad .....Appellant(s) State of U.P. and 16 others .....Respondent(s) kindly be pleased to:- i) issue a writ, order or direction in the nature of Mandamus commanding the Respondent No. 2 (District Magistrate, Gorakhpur) to constitute a high-level enquiry committee/Special Investigation Team to examine the manipulation of revenue records and registered documents relating to the ancestral properties of Late Ali Hasan, particularly with reference to the registered stamp document of the year 1984 and its use in subsequent sale deeds executed during 2009-2012; ii) Issue a writ, order or direction commanding the Respondents to preserve, secure and produce all original records including Waqf deed (1944), Will (1952), revenue registers, khatauni records, record room registers and sale deeds, so as to prevent further tampering or destruction of public records; iii) Issue a writ, order or direction directing independent verification of identity, parentage and continuity of names appearing in public records, including those reflected in the 1984 registered stamp and the boundary descriptions (chauhaddi) of sale deeds executed between 2009 and 2012; (iv) Issue a writ, order or direction directing the competent authorities to conduct a lawful enquiry into forged entries, impersonation and misuse of public records, and to take action strictly in accordance with law, if offences are disclosed; v) Issue a writ, order or direction directing the State authorities to provide police protection to the petitioner and his family, in view of repeated threats, coercion and the incident involving the petitioner's minor child; (vi) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the case, in the interest of justice.” 5. A perusal of the nature of relief sought by the appellant clearly reveals that the same essentially involves disputed questions of fact which would require leading of evidence and determination by court of competent jurisdiction and filing of the writ petition seeking the said reliefs and adjudication of inter se dispute between the appellant and private respondents no. 6 to 17, cannot be countenanced. 6. Consequently, we do not find any reason to interfere with the order passed by the learned Single Judge. There is no substance in the appeal, the same is, therefore, dismissed. May 7, 2026 RK/AKShukla SPLA No. 502 of 2026 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad