Court No. - 10
Case :- WRIT - C No. - 28430 of 2018 Petitioner :- Daujee Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Kumar Srivastava,Dr. Dharmesh Chaturvedi Counsel for Respondent :- C.S.C.
Hon'ble Vikram Nath,J.
Hon'ble Daya Shankar Tripathi,J.
Heard learned Counsel for the petitioner and Sri Utkarsh Tripathi, learned Standing Counsel for the State- respondents.
Admittedly, a Civil Suit instituted by the petitioner registered as O.S. No.351 of 2017, Daujee v. State of U.P. and others is pending in the Court of Civil Judge (Senior Division), Mathura. Admittedly, no interim order has been passed in favour of the petitioner in the said Suit.
By means of this petition, the petitioner has prayed for an injunction being issued to the respondents not to interfere in the peaceful possession of the petitioner over the land in dispute.
In our considered opinion, appropriate remedy available to the petitioner would be to pursue the Civil Suit for interim relief and if such relief is not being granted, he may approach higher forum available under law and not by way of a miscellaneous petition under Article 226 of the Constitution.
Petition is accordingly dismissed.
Order Date :- 24.8.2018 lakshman [Daya Shankar Tripathi, J.] [Vikram Nath, J.]