Court No. - 9
Case :- WRIT - C No. - 14660 of 2019 Petitioner :- Farmida Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Durga Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
This writ petition has been filed seeking the following reliefs:-
"(a) Issue a writ order, direction in the nature of mandamus directing the respondent No. 2 (District Magistrate Saharanpur/Collector Saharanpur) to restrained the respondent no. 4, 5 and 6 to digging Nali in agricultural plot no. 68 and 70 of the petitioner.
(b) Issue a writ order, direction in the nature of mandamus directing the respondent No. 2 (District Magistrate Saharanpur/Collector Saharanpur) to decide the application submitted by the petitioner under the provisions of section 58 of U.P. Revenue Code 2006."
From a perusal of the relief 'A' quoted above, it transpires that the petitioner is seeking an injunction from the writ court at the first instance and that two against private respondents 5 and 6. Such an injunction cannot be granted by the writ court.
The writ petition in so far as the relief 'A' is concerned is clearly misconceived.
The second relief claimed is a prayer for a direction to the respondent no. 2, the District Magistrate, Saharanpur to decide an application filed by the petitioner. By this application an injunction is being sought from the District Magistrate against Galib son of Yamin, Juber, Awesh, Bhattu, Junaid, Bhoora sons of Galib.
Even the administrative authorities have no jurisdiction to grant an injunction. Therefore, this Court does not consider it expedient to issue the direction prayed in relief 'B' in the writ petition.
The writ petition is dismissed as misconceived with the observation that the petitioner in case aggrieved should file a suit for injunction against the opposite party for redressal of her grievance.
Order Date :- 30.4.2019 Mayank