Court No. - 32
Case :- WRIT - C No. - 14730 of 2019
Petitioner :- Dayanand Tiwari Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Vikas Kumar Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
This writ petition, inter alia, has been filed for the following reliefs;
"i. Issue an order or direction in the nature of mandamus, commanding the respondent no. 2 i.e. Additional City Magistrate-3rd, District-Varanasi to decide the application 6- C and disposed of the same within a time bound period as may be fixed by this Hon'ble Court.
ii) Issue an order or direction in the nature of mandamus, directing the respondent no. 2 to 4 to maintain the status-quo over the arazi no. 933, area 0-012 hectare and arazi no. 934, area 0-934 hectare situated at Mauja-Dharsauna, Pargana- Ketehar, Tehsil & District-Varanasi till the disposal of suit no. 01416 of 2018 (Dayanand vs. Thakur Prasad & others) pending before the learned Additional City Magistrate-3rd, Varanasi."
Heard learned counsel for the petitioner and perused the record.
In substance, the petitioner is seeking relief against the private respondents No. 6 to 8 who are allegedly trying to raise constructions by demolishing the wall and digging out the land in question. Admittedly, a civil suit was filed by the petitioner in this regard and an application filed by petitioner for grant of injunction stood rejected by the concerned court below. Since the present dispute relates to the landed property between the petitioners and the private parties, it cannot be adjudicated upon by this Court in exercise of its powers conferred under Article 226 of the Constitution of India.
The writ petition is, accordingly, dismissed. However, it is open for the petitioners to seek appropriate remedy, if so advised, in common law courts in accordance with law.
Order Date :- 26.4.2019 vinay