Court No. - 21
Case :- WRIT - C No. - 66675 of 2009 Petitioner :- Chandrajeet Prasad Respondent :- Divisional Railway Manager Ncr Allahabad And Ors.
Counsel for Petitioner :- Mahendra Prakash,Ankit Gaur Counsel for Respondent :- Govind Saran,R.M. Pandey,S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioner has preferred this writ petition amongst other for the following relief:
"i. A writ, order or direction in the nature of writ of mandamus directing and commanding the respondents not to draw the fencing in front of the petitioner's shop."
From a perusal of the pleadings we find that in paragraph-7 of the writ petition the petitioner has stated that for the same cause of action he had filed a civil suit.
In view of the above, the writ petition is not maintainable as it is a trite law that the writ petition cannot be entertained as a parallel proceeding. Reference may be made to the judgment of the Supreme Court in the case of Jai Singh v. Union of India and others, AIR 1977 SC 898 which has been reiterated by the Supreme Court in a recent judgment in the case of Orissa Power Transmission Corporation Limited and others v. Asian School of Business Management Trust and others, (2013) 8 SCC 738.
Learned counsel for the petitioner seeks the adjournment on the ground that he will find out the status of the suit. Be that as it may, once a suit has been filed, the writ petition is not maintainable.
In view of the legal position mentioned above, we decline to interfere in the writ petition, thus, it is accordingly dismissed leaving it open to the petitioner to take recourse to such remedy which is available to him under the law.
No order as to costs.
Order Date :- 23.1.2019 Digamber