Dismissed¶26

Imran Ahmad v. State of U.P. and 6 Others

Allahabad HC5 Oct 2025WRIC/14100/2025

Case brief

AI extract

What is this about?

Allahabad High Court Division Bench (Saral Srivastava & Sudhanshu Chauhan, JJ.), WRIT - C No. 14100 of 2025, decided 06.10.2025. Keywords: Police Chowki / Police Sahayata Kendra Manikala Shahidwara; forceful construction on private land; plot 471/3 and 473, Village Mani Kala, Tehsil Shahganj, District Jaunpur; Shreni-6(3) land; revenue record dispute; question of fact not adjudicable in writ jurisdiction; Article 226 Constitution of India; mandamus refused; alternative remedy liberty; related Writ-B No.72856/2010 and 15162/2011; acquisition and compensation plea; writ petition dismissed.

What did the court decide?

Prayer for mandamus to remove the foundation of the Police Chowki declined; writ petition dismissed with liberty to the petitioner to avail appropriate remedy available under the law. ¶26

Imran Ahmad Vs State of U.P. and 6 Others — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Prayer for mandamus to remove the foundation of the Police Chowki declined; writ petition dismissed with liberty to the petitioner to avail appropriate remedy available under the law.

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Issue for consideration

Whether the Police Chowki is constructed over the petitioner's land (plot no. 471/3 and plot no. 473, Village Mani Kala) or over land recorded as 'Shreni-6(3)' in the revenue record, and whether that disputed question of fact can be adjudicated by the High Court in exercise of power under Article 226 of the Constitution.

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Court's answer

Whether the Police Chowki stands on the petitioner's land or on land recorded as 'Shreni-6(3)' is a question of fact decidable only on evidence on record and cannot be adjudicated by the Court under Article 226 of the Constitution.

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Ratio / Principle

In view of the factual nature of the dispute, the Court was not inclined to grant the relief prayed for by the petitioner (mandamus for removal of the Police Chowki foundation).

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Key takeaways

The writ petition lacks merit and is dismissed, with liberty to the petitioner to avail appropriate remedy available under the law in respect of his grievance.ratio¶26

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 14100 of 2025) by Imran Ahmad against State of U.P. and others seeking mandamus to remove the foundation of a Police Chowki allegedly forcefully constructed over plot no. 471/3 (area 4 dismil) and plot no. 473, Village Mani Kala, Pargana Anguli, Tehsil Shahganj, District Jaunpur, in respect of which Writ-B No.72856/2010 and 15162/2011 were pending with interim orders operative. State instructions stated the Police Chowki was constructed on land recorded under 'Shreni-6(3)' and not on the petitioner's land, gata 471/3 being vacant on spot verification. Held: whether the Police Chowki is constructed over the petitioner's land or over 'Shreni-6(3)' land is a question of fact decidable only on evidence and not adjudicable under Article 226 of the Constitution; writ petition dismissed with liberty to avail appropriate remedy.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - C No. - 14100 of 2025

Imran Ahmad

.....Petitioner(s)

Versus

State Of U.P. And 6 Others

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.....Respondent(s)

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Counsel for Petitioner(s)	: Kailash Nath Singh
Counsel for Respondent(s)	: C.S.C.

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Court No. - 40

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HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

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The petitioner by means of the present writ petition have prayed for the following relief:-

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"(i) Issue writ, order or direction in the nature of mandamus commanding the respondent authorities to remove the foundation of Police Chowki over the plot no.471/3, area 4 dismil and plot no.473, situated in Village Mani Kala, Pargana Anguli, Tehsil Shahganj, District Jaunpur, in respect of which the Writ-B No.72856/2010 and 15162/2011 is pending before this Hon'ble Court, and interim order is still operative (Annexure No.1 to this writ petition).

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(ii) Issue any other suitable writ, order or direction, which this Hon'ble Court deem fit and proper in the circumstances of the case.

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(iii) Award the cost of petition to the petitioner."

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On 13.05.2025, following order was passed by this Court:-

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"1. Mr. Kailash Nath Singh, learned advocate appears on behalf of petitioner and submits, foundation of police chowki over plot no. 471/3, area 4 decimal and plot no. 473, situate in village- Mani Kala, Pargana- Anguli, Tehsil- Shahganj, DistrictJaunpur, has been forcefully constructed on land belonging to petitioner. He seeks direction for removal or due process initiated for acquisition and compensation to be paid.

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2. Mr. Devesh Vikram, learned advocate, Additional Chief Standing Counsel appears on behalf of State and submits, instructions are necessary.

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3. List on 28th May, 2025 as fresh."

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WRIC No. 14100 of 2025

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Sri Rajeshwar Tripathi, learned Chief Standing Counsel has placed instruction, which is taken on record, according to which the Police Chowki has been constructed on the land falls under 'Shreni-6(3)' and not on the land of the petitioner. Para 9 of the instruction is reproduced hereinbelow:-

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"9-स्थलीय सत्यापन में प्राप्त िस्थित के अनुसार पुिलस सहायता केन्द्र मानीकला शहीदवारा श्रेणी-6(3) की भूिम में िनिमत है। याची का प्रकरण प्रश्नगत गाटा संख्या 471/3 रकबा 0.04 िड० से सम्बिन्धत है, जोिक मौके पर खाली है।"

¶24

The question as to whether Police Chowki is constructed over the land of the petitioner or over the land recorded under 'Shreni- 6(3) in the revenue record is a question of fact which can be decided only on the basis of evidence available on record and cannot be adjudicated by this Court in exercise of power under Article 226 of the Constitution of India.

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In such view of fact, we are not inclined to grant relief as prayed for by the petitioner.

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Accordingly, writ petition lacks merit and is hereby dismissed with liberty to the petitioner to avail appropriate remedy available under the law in respect to his grievance.

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October 6, 2025 Virendra

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(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)

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Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad

Imran Ahmad v. State of U.P. and 6 Others

Case brief

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Imran Ahmad v. State of U.P. and 6 Others

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