Court No. - 34
Case :- WRIT - C No. - 31325 of 2019 Petitioner :- Hamida Khatun Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Jaishankar Prasad Tyagi,Lallan Chaubey Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Lallan Chaubey, learned counsel for petitioner, Sri Suresh C. Dwivedi, learned counsel for respondent-2 and learned Standing Counsel for respondents-1 and 3.
2. Grievance of petitioner is that a mandamus be issued commanding respondents against illegal activities in respect to the land in dispute situate at Makabara Inayait, District Prayagraj and also for a direction to respondents to take action against private respondents. There is private property dispute between petitioner and private respondents. In fact, petitioner is seeking an injunction against private parties.
3. When questioned, learned counsel for petitioner could not place any provision under which respondents-1 to 4 may interfere in private property dispute of private individuals by granting any kind of injunction restraining one or other party in one way or other, no cause is shown for entertaining a private property dispute. This remedy is available by filing suit for injunction in common law.
4. Writ petition is dismissed on the ground of alternative remedy.
Order Date :- 26.9.2019 Ashish Pd.