Court No. - 37
Case :- WRIT - C No. - 12314 of 2021 Petitioner :- Ajeet Singh Yadav Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mohammad Sadab Khan Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
By this petition, the petitioner has prayed for following reliefs:-
"1. Issue a writ, order or direction in the nature of mandamus to direct the respondent no.2/The Superintendent of Police, Kanpur Nagar not to construct the Police Chauki over the land/field (Arazi No. 88 area 0.6070 hectar) of petitioner, otherwise petitioner deprived from the justice.
2. Issue a writ, order or direction in the nature of mandamus to direct the respondent no.2/The Superintendent of Police, Kanpur Nagar to remove the construction of Police Chauki over the land/ field (Arazi No.88 area 0.6070 Hectare) of petitioner, otherwise petitioner deprived from the justice.
3. Issue a writ, order or direction in the nature of mandamus to direct the respondent no.2/the Senior Superintendent of Police, Kanpur Nagar to decide the application/representation dated 26.3.2021 pending before him within specific period, otherwise petitioner deprived from the justice."
Despite the fact that the State has made a categorical statement that the Police Chauki, which is a Public Utility Service Project is not being constructed on the land belonging to the petitioner, counsel for the petitioner states in Hindi :"Police Chowki petitioner ki zamin mein banayi ja rahi hai".
As petition raises serious disputed question of fact as to on which property, the Police Chauki is being constructed, the petitioner has alternative remedy, i.e., civil remedy or remedy under the Land Revenue Act which he can undertake. This petition under Article 226 of the Constitution of India is not maintainable.
Accordingly, present petition is dismissed.
However, we make it clear that State has made a clear cut statement before the Court that Police Chauki is not being constructed on the property of the petitioner and if this statement is proved wrong, it shall be dealt with in contempt.
Order Date :- 27.7.2021 Ram Murti