Court No. - 29
Case :- WRIT - C No. - 60089 of 2017 Petitioner :- Jamal And 10 Others Respondent :- Prabhagiya Vanadhikari Sonebhadra And 2 Others Counsel for Petitioner :- Javed Husain Khan,Gulrez Khan,W.H. Khan Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Neeraj Tiwari,J.
Heard Sri W.H. Khan, learned Senior Counsel assisted by Sri Gulrej Khan appearing for the petitioners and learned Standing Counsel for the respondents.
The petitioner has filed this writ petition for the following reliefs:-
I. Issue a writ, order or direction in the nature of mandamus commanding the respondents to restore the petitioners houses in the condition they were existing on 4.9.2017 by reconstructing the same.
II. Issue any other writ, order or direction which the Hon'ble Court may deem fit and proper in the circumstances of the present case.
III. Award costs to the petitioners from the contesting respondents.
The main relief claimed by the petitioners is that their houses be restored in the same position as they existed on 4.9.2017 and that the respondents be directed to reconstruct the same accordingly.
The submission of Sri W.H. Khan, learned Senior Counsel for the petitioners is that the petitioners have constructed their houses on the land in question in the year 1990 but the same have been illegally demolished by the respondents.
The petitioners at the time when the respondents were demolishing their houses have filed Original Suit No.338 of 2013 in the court of Civil Judge, Sonbhadra for permanent injunction and the same is pending.
In view of the pendency of the aforesaid suit and nature of controversy raised in this petition, we are of the opinion that the relief as claimed by the petitioners can more appropriately be granted if at all by civil court.
In view of the above, we refuse to exercise our discretionary jurisdiction. The writ petition is accordingly dismissed.
However, in case, the petitioners press for expeditious disposal of the suit, the court below would consider the case of the petitioners sympathetically.
Order Date :- 24.8.2018 Rmk.