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2026 DAILYLAW 9876 (ALL)

SMT. AYSHA BEGUM AND ANOTHER v. STATE OF U.P. AND 6 OTHERS

WRIC/38182/2026 · 2026-09-29

Ajit Kumar, Garima Prashad

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 38182 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 this petition filed under Article 226 of the Constitution, petitioner has prayed for following relief: "(I). Issue a writ, order or direction in the nature of mandamus directing respondent No. 2 to take necessary and effective action against the illegal encroachment made by respondent Nos. 6 and 7 with the assistance of Respondent Nos. 3, 4 and 5, in respect of Plot No. 299, admeasuring 0.049 hectare, Plot No. 298, admeasuring 0.049 hectare, situated at Village Jawaharpur Arthara, Tehsil Etah, District Etah." 3. In our considered view, the relief is in the nature of injunction 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. September 30, 2026 Atmesh Versus Counsel for Petitioner(s) : Abu Bakht, Kumar Vikrant Counsel for Respondent(s) : C.S.C. (Garima Prashad,J.) (Ajit Kumar,J.) Smt. Aysha Begum And Another .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad