Court No. - 39
Case :- WRIT - C No. - 18307 of 2019 Petitioner :- Dinesh Kumar Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Awadhesh Kumar,Ved Prakash Shukla Counsel for Respondent :- C.S.C.,Jagdish Singh
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Sri Lavlesh Shukla has filed vakalatnama on behalf of respondent no.5, which is taken on record.
Heard Sri ved Prakash Shukla, learned counsel for the petitioner, learned standing counsel for the respondent nos. 1,2, 3 and 4 and Sri Lavlesh Shukla, learned counsel for the respondent no.5.
The petitioners in the writ petition are seeking a directing to the respondents to restore the possession of the petitioner over the property stuated at Mughal Road, Village Ghanshyampur Pargana Koda, Tehsil Bindki, Fatehpur.
It is stated that the petitioner has purchased a commercial plot at village Ghanshyampur Pargana Koda, Tehsil Bindki, Fatehpur of an area 27x9 measuring 243 sq. meters having 3 shops from one Smt. Jaidevi wife of Shiv Shankar Lal, resident of House No. 21/5, 127 MH Town, Dabauli District Kanpur Nagar by executing a registered sale deed on 30.3.2015. It is further stated that the respondent no.5 has taken possession of the said plot/property illegally from the petitioner.
Learned counsel for the respondent no.5 informs that in this connection proceedings are pending before the Sub Divisional Magistrate, Bindki, respondent no.4 and that the Civil Suit No. 48 of 2019 is also pending between the parties before the Civil Judge, (Junior Division), Fatehpur. He further informs that the respondent no.5 had purchased the same property from the same owner and, therefore, the owner could not have sold the same property in favour of the petitioner in 2015.
In our opinion it is a private dispute between the petitioner and the respondents and the petitioner, if so advised, may approach the civil court for appropriate remedies.
The writ petition is dismissed.
Order Date :- 31.5.2019 samz