Court No. - 37
Case :- WRIT - C No. - 10288 of 2021 Petitioner :- Sabrunnisha Respondent :- State Of U.P And 5 Others Counsel for Petitioner :- Hemant Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
By this petition, the petitioner has prayed for following reliefs:-
"(a) Issue a writ, order or direction in the nature of mandamus directing the respondent authority to take an appropriate action upon the application of the petitioner and remove the illegal encroachment upon the land."
Dispute is between the petitioner and respondent no.6. If the petitioner wants encroachment from her land be removed, the proper way is to move before the authority concerned. This petition is not maintainable as rightly submitted by the counsel for the State that there are several disputed questions of fact, which cannot be ascertained in writ jurisdiction.
With these observations, present petition is dismissed.
Order Date :- 28.7.2021 Ram Murti