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Allahabad High Court
Smt. Sarla Devi Gupta vs State Of U.P. & Others on 29 January, 2010
Court No. - 2

Case :- WRIT - C No. - 1720 of 2010

Petitioner :- Smt. Sarla Devi Gupta
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Siddharth Sinha
Respondent Counsel :- C.S.C.

Hon'ble Ashok Bhushan,J.

Hon’ble Bala Krishna Narayana,J.

Heard learned counsel for the petitioner.

By this writ petition, the petitioner has prayed for a mandamus
directing the authority concerned to remove the illegal possession
of the respondent No.4 from the petitioner’s land in view of report
dated 06.09.1993.

Allegation of the petitioner is that she has purchased certain land
by a sale deed, but the respondent No.4 is in possession of the
excess land. The issues raised in the writ petition require
adjudication of facts and taking of evidence , for which the remedy
of the petitioner is to institute a suit in a competent court. No
direction at this stage, as prayed for, can be issued. The petitioner
may, if so advised, take appropriate proceeding in accordance with
law.

With aforesaid direction, the writ petition is dismissed.

Order Date :- 29.1.2010
NS


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