MOHD. ABUL FAZAL FAROOQI versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Mohd. Abul Fazal Farooqi v. State Of U.P. & Another - WRIT - C No. 35304 of 1995 [2007] RD-AH 11496 (9 July 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Anjani Kumar, J.

Hon'ble Sabhajeet Yadav, J.

By means of present writ petition under Article 226 of the Constitution of India, the petitioner has sought relief for mandamus directing the respondent no. 2 to make the payment of compensation through Account Payee Cheque in the name of Saheb Chistee and Suhaib Chistee regarding the land in question i.e. plot Nos. 263, 276, 293 and 206, situated in Sultanpur, Tehsil Dadri, district Ghaziabad.

Heard learned counsel for the parties.

The relief as claimed by the petitioner cannot be granted by this Court, as the same involves disputed questions of fact and cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution of India.  However, it is open for the petitioner to seek his remedy before appropriate forum, if he so advised.

In view of what has been stated above, this writ petition has no force and is accordingly dismissed on the ground of availability of statutory alternative remedy.  The interim order, if any, stands vacated.

Dated: 09.07.2007.

Rks/35304.95.

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