Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 6677 of 2005 Petitioner :- Basant And Another Respondent :- State Of U.P. And Others Counsel for Petitioner :- Amarendra Singh,Nagendra Kumar Singh Counsel for Respondent :- Govt. Advocate,R.K. Shahi
Hon'ble Aniruddha Singh,J.
Heard learned counsel for both parties, learned AGA and perused the record.
This writ petition has been filed against respondent no. 5 Sudama and other respondents about House no. 58/1 and 59/2 situated in Village Suryapura, Post Baliawan, Police Station Rampur Karkhana, District Deoria, against order passed by SDM, Deoria dated 31.1.2005 and order dated 19.4.2005 passed by Additional District & Sessions Judge, Court No.2, Deoria about proceedings under Section 146 Cr.P.C.
Learned counsel for the petitioners submitted that one civil suit was filed between the parties and that was decided in favour of the petitioner and that finding is binding upon both side of parties.
Learned counsel for opposite party no. 5 submitted that case was of civil nature and possession of property in dispute was delivered in favour of opposite party No. 5.
It is admitted fact by both parties that dispute relates to property in question which has to be decided by Civil Court and not by this Court in writ petition. There is also dispute between the parties whether said property in question is the house at present bearing Nos. 58/1 and 59/2 or not. All these questions may be decided by only Civil Court. Hence, alternative remedy is available to both the parties.
The writ petition is not maintainable and is dismissed with liberty to file suit/proceedings before proper Court. Stay order, if any, stands vacated.
However, it is made clear that this order will not affect in passing any order by the competent Court in respect of property in dispute.
Order Date :- 30.7.2018 P.P.