Court No. - 25
Case :- WRIT - C No. - 4739 of 2019 Petitioner :- Bhanu Pratap Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anuradha Mishra,Ram Krishna Mishra Counsel for Respondent :- C.S.C.,Ajay Kumar Sharma
Hon'ble Ajay Bhanot,J.
The petitioners have sought the following reliefs:
"This Court may issue a writ, order or direction in the nature of certiorari quashing the order dated 25.06.2018 passed by the Block Education Officer, Dadari Gautam Budh Nagar (contained as annexure no.1 to the writ petition) (b) This Court may issue a writ, order or direction in the nature of mandamus commanding the respondents not to proceed further to demolish the building in pursuance of the aforesaid order. "
The petitioners on earlier occasion sent a notice under Section 80 of the Code of Civil Procedure to the respondent-State authority. The notice sent by the petitioners asserts that a plot of the following description khasra no.459, area 0.4930 hectare situated in Tehsil-Dadari Pargana District-Gautam Budh Nagar was in the ownership of the petitioners. The notice states that the State-respondent had constructed a primary school two years ago. However, the land had not been transferred to the State-respondent. The notice also states that the State- respondent should make over vacant possession of the said premises to the petitioners.
Clearly, the dispute relates to disputed question of ownership and possession of the plot of land in question. The Writ Court cannot adjudicate these disputed questions of fact.
It is open to the petitioners to approach the competent Court of law if so advised.
The writ petition is dismissed on the ground of alternative remedy.
Order Date :- 22.2.2019 Ashish Tripathi