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SHIV NARAIN DWIVEDI versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Shiv Narain Dwivedi v. State Of U.P. & Others - WRIT - C No. 15549 of 2007 [2007] RD-AH 5155 (22 March 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Anjani Kumar, J.

Hon. Dilip Gupta, J.

This petition has been filed for a direction upon the District Magistrate, Allahabad to reconstruct the boundary wall of the petitioner which was demolished pursuant to the order dated 6th January, 2007 passed by the Chief Revenue Officer, Allahabad.

A direction for reconstruction of the boundary wall can be given only if a finding is recorded that it had been illegally demolished. A perusal of the order indicates that it has been issued pursuant to some directions issued by the Civil Court in Original Suit No.1458 of 2000.

In our opinion the issues raised in the present petition are factual in nature and cannot be determined while exercising the jurisdiction under Article 226 of the Constitution.

The writ petition is, accordingly, dismissed with liberty to the petitioner to file a Civil Suit, if so advised.

Date:22.3.2007

GS-15549-07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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