Court No. - 38
Case :- WRIT - C No. - 42020 of 2018 Petitioner :- Anuchhaya Respondent :- State Of U P And 3 Others Counsel for Petitioner :- B.K.Singh Raghuvanshi,Ashutosh Shukla Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
By means of this writ petition the petitioner claims that he is the owner of Araji No.142 area 0.020 hectares situate in Village Rakhwa, Pargana and Tehsil Madiyahun, District Jaunpur and the respondent no.4 has encroached upon the said land and has also raised certain constructions and, therefore, a direction be issued to the District Magistrate and the Sub Divisional Magistrate to remove the said construction and encroachment from the land in question.
Such a prayer in a writ proceeding cannot be granted by this Court.
The dispute raised in this writ petition is purely of civil nature and the petitioner has to go to appropriate court for establishing his right and title over the property in question and get the encroacher, if any, injuncted from the said property.
The writ petition lacks merit and it is, accordingly, dismissed.
Order Date :- 19.12.2018 SKM
(Vivek Varma,J.) (Abhinava Upadhya,J.)