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2026 DAILYLAW 3559 (ALL)

SHYAMA DEVI v. STATE OF U.P. AND 7 OTHERS

WRIC/17739/2026 · 2026-05-05

Garima Prashad, Saral Srivastava

Transfer Petitionbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17739 of 2026 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE GARIMA PRASHAD, J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State. 2. Petitioner by means of the present writ petition has prayed for the following reliefs: "(a) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in peaceful possession of the petitioner over Arazi No. 1271 area 0.0900 hectare (petitioner's share 0.0194 sq. meters) situated in Mauza Hameerpur Paratapur, Pargana and Tehsil Amritpur, District Prayagraj. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 to decide the application dated 04.02.2026 moved by the petitioner within stipulated period, in accordance with law." 3. The question as to whether the respondent Nos.6 to 8 are interfering with the peaceful possession over the property in question of the petitioner is a disputed question of fact which cannot be adjudicated upon by this Court in writ jurisdiction, as the said issue can be decided by a competent court of law on the basis of pleadings and evidence on record. 4. Accordingly, we are not inclined to interfere with the relief as prayed for in the writ petition. However, it is open to the petitioner to seek Versus Counsel for Petitioner(s) : Hanuman Prasad Mishra, Shubham Mishra Counsel for Respondent(s) : Azad Rai, C.S.C. Shyama Devi .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) remedy of filing a civil suit under civil law as the dispute is between the private persons. 5. The writ petition is dismissed with the aforesaid liberty. May 6, 2026 Kuldeep WRIC No. 17739 of 2026 2 (Garima Prashad,J.) (Saral Srivastava,J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad