Court No. - 29
Case :- WRIT - C No. - 23222 of 2019 Petitioner :- Ata Mohammad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajvendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard Sri Rajvender Singh, learned counsel for the petitioner and the learned Standing counsel for respondent nos. 1 and 4.
The petitioner has raised a dispute regarding plot no. 745/1 situate at Bhandaria Tola, Marianhu, District Jaunpur.
The petitioner alleges that the aforesaid land belongs to him and that in place of his old house he intends to construct a new one on the said plot for which purpose he submitted a map for sanction. It was duly sanctioned but one Kaishar Jahan in collusion with the Chairman of the Nagar Panchayat is not allowing the petitioner to raise the construction.
In respect of one another plot no. 657/1 situate in the same Mohalla the petitioner has already filed Suit No. 254 of 2014 (Ata Mohammand Vs. Salma Bano and others) for a decree of permanent injunction wherein he has been granted an order of status quo.
In view of the aforesaid facts and circumstances, when the petitioner in respect of one of the property can file a suit and obtain an interim order, there is no difficulty for him to file a suit in respect of plot in question and to obtain injunction therein also. Moreover, the dispute of the petitioner is with a private person namely Kaisher Jahan with whom the Chairman is said to be in collusion.
In view of the aforesaid facts and circumstances, as the petitioner has an efficacious alternative remedy, we do not deem it necessary to exercise our extra-ordinary jurisdiction in the matter and the petition is dismissed with liberty to the petitioner to take recourse to the civil remedy.
Order Date :- 26.7.2019 SKS