Court No. - 39
Case :- WRIT - C No. - 6474 of 2019 Petitioner :- Abdul Nayeem Khan Respondent :- State Of U.P. Through Collector/D.M. And 4 Others Counsel for Petitioner :- Abdul Mateen Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Abdul Mateen, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner in the writ petition is seeking a direction to the respondents not to create any hindrance in the ingress and egress on the pathway which is existing between main gate of Masjid and adjacent to the Western wall of Nagar Palika, Bansi situated at Kotwali Road Bansi Tehsil Bansi, District Siddharth Nagar.
In the counter affidavit, photographs have been filed by the respondents and it is stated that the Gate which has been closed is not the main Gate and the learned standing counsel submits that this is not the main Gate but it was a Gate which was stated to have been opened by the petitioner illegally.
Learned counsel for the petitioner submits that this Gate is constructed near the Madarsa.
In our opinion, the controversy involves disputed questions of fact which cannot be decided in a writ petition.
The writ petition is therefore dismissed. The petitioner may avail such remedy as may be available to him in law.
Order Date :- 26.4.2019 Kirti