Court No. - 39
Case :- WRIT - C No. - 18469 of 2021 Petitioner :- Arvind Kumar Ojha Respondent :- The State Of U.P. Through Principal Secretary (Revenue) and 6 others Counsel for Petitioner :- Pradeep Kumar Singh,Manu Pathak Counsel for Respondent :- G.A.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
The instant petition has been filed praying for a mandamus commanding respondents 2 and 3 (Sub Divisional Magistrate and Station House Officer, Police Station Saini, District Kaushambi) to stop respondents 4 to 7 from raising construction over suit land of Original Suit No.469 of 2021.
The averment made in the writ petition clearly indicates that there is a dispute between petitioner and respondents 4 to 7 in respect of certain immovable property. The petitioner had filed a suit on 8.7.2021 registered as Original Suit No.469 of 2021 against the private respondents and which is stated to be pending. He has admittedly filed an application for temporary injunction in the said suit, which is also pending.
There is no occasion for this Court to direct the State to intervene in private dispute between the petitioner and private respondents. Since civil suit is already pending, it is open to the petitioner to get all reliefs therein or avail such other remedy as may be advised.
The petition stands disposed of accordingly.
(Deepak Verma, J.) (Manoj Kumar Gupta, J.) Order Date :- 23.9.2021 skv Digitally signed by Manoj Kumar Gupta Date: 2021.09.23 17:38:42 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Deepak Verma Date: 2021.09.23 17:44:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad