IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1043 of 2011 Uday Singh ….Petitioner. Versus The State of Uttar Pradesh and others …Respondents. Sri P.S. Bisht, Advocate present for the petitioner. Sri N.P. Sah, Standing Counsel present for the State of Uttarakhand. Sri Rajendra Dobhal, Senior Advocate assisted by Ms. Geeta Parihar, Advocate present for respondent no. 4. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Sri P.S. Bisht, Advocate for the petitioner, Sri N.P. Sah, Standing Counsel for the State of Uttarakhad as well as Sri Rajendra Dobhal, Senior Advocate assisted by Ms. Geeta Parihar, Advocate for respondent no. 4. The petitioner has been evicted from a property by the G.B. Pant Agricultural and Technical University and the authorities therein. He prays for the following relief :- “i. Issue a writ order or direction in the nature of mandamus directing and commanding to the respondent no. 4 to hand over the peaceful possession of premise in question (quarter no. 1, Pattharchatta) in favour of the petitioner. ii. Issue any writ, order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case be passed in favour of the petitioner. iii. To award the cost of the petition in favour of the petitioner.” Such a relief cannot be granted in a writ petition inasmuch as it involves appreciation of disputed question of fact. The petitioner therefore is at liberty to pursue his remedy by filing a civil suit. The writ petition though is liable to be dismissed and is hereby dismissed. No order as to costs. (Sudhanshu Dhulia, J.) 27.5.2011 Avneet