Court No. - 3
Case :- WRIT - C No. - 24975 of 2020 Petitioner :- Jaggan Devi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ravindra Kumar Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioners; learned Standing Counsel for the respondents 1 to 3; and perused the record.
The grievance of the petitioners is that the respondents 4 and 5 , who are private individuals, are seeking to raise construction over the plot of the petitioners as regards which they have moved a representation before the respondents 1 and 2.
The petitioners have prayed that a direction be issued to the respondents 1 and 2 to decide representation and to restrain the private respondents from raising construction or changing the nature of the land in dispute.
As the dispute is between two private persons in respect of occupation and use of immovable property, the same can appropriately be addressed in a civil proceeding either before a revenue court or a civil court, as may be advised. We decline to exercise our writ jurisdiction.
The petition is therefore dismissed without prejudice to the right of the petitioners to take recourse to other legal remedies as may be advised.
Order Date :- 8.1.2021. Rks.