At, High Court of Judicature at Allahabad
By, THE HONOURABLE MR. JUSTICE VINEET SARAN & THE HONOURABLE MR. JUSTICE YASHWANT VARMA
For the Appellant: Mohd. Iqbal, Advocate. For the Respondent: Shivam Yadav, C.S.C,
1. Vineet Saran and Yashwant Varma, JJ.-Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State - respondents and Sri Shivam Yadav, learned counsel appearing for the respondent no. 4 - NOIDA and have perused the record.
2. The dispute in the present petition is with regard to the possession of the plot in question which was allotted by the NOIDA to the petitioner. It is the admitted case of the petitioner that on 7.1.2013 the petitioner entered into a rent agreement with the respondent no. 5 and the possession of the property in question was delivered to the respondent no. 5 in pursuance of the said agreement. The petitioner contends that there was breach of terms and conditions of the agreement and as such the respondent no. 5 could not legally continue in possession. It is also contended that the term for which respondent no. 5 was allotted the property was 11 months from 7.1.2013 which period has also expired.
3. In our view, it is a private dispute between the petitioner and respondent no. 5 in which disputed questions of fact are involved, which cannot be gone into in writ jurisdiction. As such, we would not be inclined to entertain this writ petition on merits.
4. Accordingly, this writ petition is dismiss
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ed with liberty to the petitioner to approach such other alternative forum available to it in law for redressal of its grievances. No costs.