Court No. - 9
Case :- WRIT - C No. - 14123 of 2019 Petitioner :- Anarkali Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Bhola Nath Yadav Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner, Sri Diwakar Singh, learned counsel for the Gaon Sabha and learned standing counsel for the State respondents.
The petition has been filed seeking for following relief:
"Issue, a writ, order, or direction in the nature of mandamus, commanding the respondent no. 3 i.e. District Magistrate, Allahabad to decide the representation of petitioner dated 4.1.2019 and disposed of the same within a time bound period as may be fixed by this Hon'ble Court."
"Issue, a writ, order, or direction in the nature of mandamus, directing the respondents to demolish the house which was illegally made by the respondent no. 5 to 9 over the said land."
I have perused the representation dated 4.1.2019 regarding which directions have been sought for expeditious disposal, whereof by means of this writ petition.
In this representation it has been stated the petitioner had been allotted an abadi site over which construction could not be raised by her on account of acute financial stringency; the respondents are threatening to or raising constructions over this land and, therefore, the representation.
In my considered opinion, in case, land belonging to the petitioner has been encroached upon or is threatened to be encroached upon the remedy available to the petitioner is not by means of representation by a suit for injunction.
Subject to the above, this writ petition is dismissed. Order Date :- 26.4.2019 Md Faisal