Court No. - 38
Case :- WRIT - C No. - 6824 of 2018 Petitioner :- Arun Kumar Saini Respondent :- State Of U.P. And 5 Ors.
Counsel for Petitioner :- Meraj Ahmad Khan,Shoab Qumar Khan Counsel for Respondent :- C.S.C.
Hon'ble Ran Vijai Singh,J. Hon'ble Mukhtar Ahmad,J.
Heard Sri Meraj Ahmad Khan, learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
Through this writ petition prayer has been made to issue a writ of mandamus directing the District Magistrate, Moradabad, respondent no.2, to decide the application of the petitioner dated 3.2.2018 for taking action against the respondent no.6 for raising illegal construction.
It is submitted that with respect to the property in dispute two civil suits, one filed by the petitioner and another filed by respondent no.6, are pending before the civil court.
In view of the fact substantially the matter is engaging attention of the civil court. The writ petition is not maintainable. It will be open for petitioner to take any other legal recourse available to him either by way of filing application in the pending suits or approaching the appropriate authority in accordance with law.
With the aforesaid observation/direction this writ petition is disposed of.
Order Date :- 28.2.2018 samz