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2026 DAILYLAW 9688 (ALL)

SHYAMLAL v. STATE OF U.P. AND 3 OTHERS

WRIC/22678/2026 · 2026-09-22

Vivek Saran

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 22678 of 2026 Court No. - 5 HON'BLE VIVEK SARAN, J. 1. Heard Sri Santosh Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. Pursuant to the earlier order of this Court, learned Standing Counsel has furnished written instructions dated 07.09.2026 under the signatures of Sub-Divisional Magistrate, Deoria, the same are taken on record. 3. On the strength of the said written instructions, learned Standing Counsel has stated that during the pendency of the instant writ petition a team of various revenue officers was constituted by the Sub-Divisional Magistrate concerned vide order dated 14.08.2026. He further submits that the said team had inspected the Gata Nos.116, 132 and 136 and since the land of Gata No.116 was submerged, thus the same could not be inspected. Thereafter, as the Gata No.132 Mi ad measuring 0.008 hectares falls within the abadi area, therefore no boundaries could be made. 4. Learned counsel for the petitioner have dispute the above facts. 5. Since the petitioner disputes the factual aspect of the matter, this Court is of the considered opinion that the disputed question of facts can not be decided under Article 226 of the Constitution of India. 6. Consequently, the writ petition is dismissed with liberty to the petitioner to avail the remedy as available under law. September 23, 2026 Deepika Versus Counsel for Petitioner(s) : Santosh Kumar Mishra, Vinay Kumar Mishra Counsel for Respondent(s) : C.S.C. (Vivek Saran,J.) Shyamlal .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad