Court No. - 34
Case :- WRIT - C No. - 31654 of 2019 Petitioner :- Hasib and another Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Indra Mohan Singh Counsel for Respondent :- C.S.C., Tariq Maqbool Khan
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Admittedly, an Original Suit No. 5 of 2019, Hasib & another Vs. Gram Samaj Khanu Chhapra, is pending before Civil Judge (Junior Division), Padrauna, Kushinagar wherein petitioners have not been granted any interim injunction and, in the meantime, petitioners' house has been demolished.
2. Interestingly, prayer made in this petition is to issue writ of mandamus commanding respondents not to demolish petitioners' house situated at Village Khanu Chhapra, Tehsil Padrauna, District Kushinagar. Thus, in case petitioners' house has been demolished, no mandamus as prayed for in this petition can be issued. Even otherwise, matter is sub judice before civil Court where petitioners may avail remedy as provided under law.
3. This writ petition is dismissed on the ground of alternative remedy.
Order Date :- 27.9.2019 Ram Murti