Court No. - 9
Case :- WRIT - C No. - 14648 of 2019 Petitioner :- Gurusharan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Suphal Shukla Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Diwakar Singh for the Gaon Sabha respondent no.5.
The writ petition has been filed seeking the following reliefs-
i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2( District Magistrate Kaushambi) not to interfere in possession of the petitioner and not to demolish the very old construction, Gaushala, Cattle Set etc of the petitioner situated just adjacent to P.W.D. Road, at village Paschim Sharrira, Tehsil Manjhanpur, District Kaushambi even without due course of law as provided under the law.
ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 (District Magistrate, Kaushambi) to decide the representation dated 25.03.2019 by speaking and reasoned order within stipulated period after giving fullest opportunity of hearing and natural justice.
In so far as the representation of the petitioner is concerned, it has been alleged therein that the revenue authorities are threatening to demolish the constructions of the petitioner existing on plot no.739, which is situated adjacent to a PWD road.
From the submissions made as also from the relief claimed in the writ petition, the prayer is for grant of an injunction to the petitioner. Injunction is not liable to be granted by the writ Court at the first instance.
Moreover, even the Administrative authorities are not competent to grant an injunction. The representation to the District Magistrate praying for such injunction is on the administrative side.
In my considered opinion, in case, the petitioner is being threatened with illegal dispossession or demolition of his existing constructions, his remedy is by means of a suit for injunction.Therefore, petitioner, in case so advised, may file suit for injunction against the opposite parties/ respondents.
Subject to the above, the writ petition stands disposed of.
Order Date :- 29.4.2019 / RKM