BALVEER SINGH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Balveer Singh v. State Of U.P. And Others - WRIT - C No. 12419 of 2007 [2007] RD-AH 3917 (8 March 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Anjani Kumar, J.

Hon. Dilip Gupta, J.

This petition has been filed for a direction upon the respondents not to construct the road over the Gata No.3856.

The averments made in the writ petition indicate that it raises disputed questions of fact regarding the title of land.

The remedy under Article 226 of the Constitution cannot be invoked for resolution of the private land dispute or for resolution for the property or title in dispute. This is what has been observed by the Supreme Court in the case of Surya Dev Rai Vs. Ram Chander Rai & Ors., (2003) 6 SCC 675.

We, therefore, decline to entertain this petition. It is, accordingly, dismissed with liberty to the petitioners to file a Civil Suit, if so advised.

Date: 8.3.2007

GS-12419-07

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