Allahabad High Court

WRIC/6072/2026 of SATYAPAL Vs STATE OF U.P. AND 11 OTHERS on 6 May 2026

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JUDICATURE AT ALLAHABAD WRIT - C No. - 6072 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

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 6072 of 2026

Court No. - 40

HON'BLE SARAL SRIVASTAVA, J.

HON'BLE GARIMA PRASHAD, J.

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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: "(i) issue a writ, order or direction in the nature of mandamus directing the respondent nos.4, 5 and 6 not to make any construction of sewerage Nali of village over the Bhumidhari Land of petitioner's Gata No.550 situate at Village Harduttpur, Block/Tahsil Sahaswan, District Badaun."

3. The question as to whether the respondent Nos.7 to 12 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 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 7, 2026 Kuldeep Versus Counsel for Petitioner(s) : Dr.Om Prakash Yadav Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh (Garima Prashad,J.) (Saral Srivastava,J.) Satyapal .....Petitioner(s) State Of U.P. And 11 Others .....Respondent(s) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad

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