Court No. - 32
Case :- WRIT - C No. - 24137 of 2019 Petitioner :- Jagaveer Singh And 2 Others Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Rabindra Bahadur Singh Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed, inter alia, for the following relief;
"(i) issue a writ, order of direction in the nature of mandamus commanding the respondents may be considered the grievances of petitioners relating to removal and closing of Nali Parnalas of petitioners houses which are only source of following rainy and dirty water of his houses in his own land in the interest of justice."
Heard learned counsel for the parties and perused the record.
A perusal of the record shows that the petitioners have already filed Suit No. 248 of 2019, for redressal of their grievances, before the Court of Civil Judge (Junior Division), Agra, which is pending. Petitioner in substance is seeking a relief against private respondent. Since, dispute between the parties is essentially a dispute of civil nature, it cannot be adjudicated upon by this court in exercise of the powers conferred under Article 226 of the Constitution of India.
In view of the above, we do not see any justification to interfere in the matter. However, it is open to the petitioner to seek appropriate remedy before appropriate forum in accordance with law.
With aforesaid observation, this writ petition is disposed of finally.
Order Date :- 25.7.2019 Pkb/