Petitioner sought eviction of occupants from land, admitting the remedy involved dispute of title unsuitable for writ jurisdiction. Petitioner voluntarily withdrew the petition.
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Neutral Citation No. - 2024:AHC:120786
Court No. - 32
Case :- WRIT - C No. - 5647 of 2024
Petitioner :- Prakash Chandra Gautam Respondent :- State Of Up And 23 Others Counsel for Petitioner :- Rajeev Mishra Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Dharmendra Kumar Mishra, holding brief of Sri Rajeev Mishra, learned counsel for the petitioner, Sri Anand Bhaskar Srivastava, learned Standing Counsel appearing for the Staterespondents and Sri Bhupendra Kumar Tripathi, learned Counsel appearing for respondent No. 3-Gram Sabha.
The present petition has been filed seeking a direction to the Stateauthorities to evict the private respondents from the land bearing Arazi No. 641/1Ka, area 27, situate at Mauza Chhangapur, Pargana Rari, Tehsil Badlapur, District Jaunpur, which the petitioner claims to be his own.
It is not disputed by the counsel for the petitioner that the reliefs sought in the writ petition would involve adjudication of disputed questions of fact relating to rights and title of the parties in respect of immovable property and a writ petition for the said purpose would not be entertainable, and in this regard the State-authorities would have no jurisdiction to pass an order, on the administrative side.
Accordingly, learned counsel for the petitioner states that he does not wish to press the petition and that the petitioner would avail the appropriate legal remedy, in respect of his grievances.
The petitioner stands disposed of accordingly.
Order Date :- 29.7.2024 Imroz
(Dr. Y. K. Srivastava, J.)
Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ petition can be entertained for adjudication of disputed questions of fact regarding land title.
Prakash Chandra Gautam
State Of Up
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
2 orders share this CNR
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