Court No. - 9
Case :- WRIT - C No. - 18909 of 2019 Petitioner :- Chandrapal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashi Ranjan Srivastava,Subhash Chand Kanaujia Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The petition has been filed seeking the following reliefs-
"I) Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the claim of the petitioner and not interfere peacefu over the plot no.595, 591, 274, 578 A, 546, 627, 25 total 7 plot and total area 02.995 hectare.
II) Issue a writ order of direction in the nature of mandamus directing the respondents to decide the representation of the petitioner dated 17.05.2019 (Annexure No.5) and comply the order dated 17.05.2019 in appeal no.T-20171173999061909 of 2017 (Chandrapal Singh vs. Upendra Singh and others) to writ petition."
From perusal of a representation dated 17.05.2019, it emerges that grievance of the petitioner is that although a mutation order passed in his favour and he is in possession over the land in question, the respondents are threatening to dispossess him.
In fact by means of the representation made the petitioner seeks an injunction.
In my considered opinion, on the facts as noted above, the remedy available to the petitioner is by means of a suit for injunction. The petitioner, in case, so advised may avail this remedy available to him.
Subject to above, the writ petition stands disposed of.
Order Date :- 29.5.2019 Radhika