Court No. - 6
Case :- WRIT - C No. - 38400 of 2019 Petitioner :- Bhola And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vivek Singh Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
The writ petition has been filed seeking the following relief:-
"(I) Issue a writ, order or direction in the nature of mandamus commanding/directing the Respondent No. 3 to restrain the illegal encroachment of Respondent No. 4 to 7 upon the Arazi No. 281-K, situated at Mauja Kakarad, Tehsil Madihan, Police Station Madihan, Distrcit Mirzapur, within stipulated period."
It is admitted that plot no. 281-Ka situated at Mauja Kakarad, Tehsil Madihan, District Mirzapur is the bhumidhari land of the petitioner.
In case, the petitioner apprehends encroachment and unauthorized interference in his possession by respondents 4 to 6, his remedy lies by means of a suit for injunction. In case, the petitioner has already been dispossessed, he may sue also for possession. The above, in my considered opinion, is the only remedy available to the petitioner in the facts and circumstances of the case for redressal of his grievance.
Subject to the above, this writ petition is dismissed.
Order Date :- 28.11.2019 Mayank