Mushtak Ahmad v. State of U.P. and 6 Others

Court No. - 32 Case :- WRIT - C No. - 40860 of 2023 Petitioner :- Mushtak Ahmad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Mayank Chaturvedi Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Salil Kumar Rai,J. Hon'ble Syed Aftab Husain Rizvi,J. The grievance of the petitioner in the present petition relates to alleged private right of access to the western part of his house. The document annexed with the petition especially the order dated 21.10.2023 passed by the Deputy District Magistrate, Chandauli indicates that the petitioner is claiming an easementary right. The petition involves disputed question of facts and, therefore, the petitioner has the remedy to institute appropriate proceedings before civil court and it is not a fit case for consideration by this Court under Article 226 of the Constitution of India. The petition is dismissed. The petitioner may exercise the remedy available to him under law. Order Date :- 11.12.2023 Anurag/- High Court of Judicature at Allahabad