Court No. - 38
Case :- WRIT - C No. - 38762 of 2018 Petitioner :- Jugul Kishore Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Shriprakash Shrivastava Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
By means of this writ petition, the petitioner has come to this Court with the allegation that he is owner of Arazi Nos. 742 and 743, Minzumla situated in village Laxmipur Bujurg Tehsil Tamkuhiraj district Kushinagar by way of a registered sale deed. The petitioner alleges that in spite of the demarcation of the said land, respondent no.5 is interfering with the possession of the petitioner and therefore a direction be given to the SHO, P.S.Patherwa district Kushinagar to restrain respondent no.5 from interfering in the possession of the petitioner. Such a direction cannot be given in writ proceedings as the petitioner has remedy of filing a suit for declaring his right over the property and injuncting respondent no.5 from interfering in the possession of the petitioner. In this view of the matter, the writ petition is not maintainable for the said purpose and is dismissed.
Order Date :- 28.11.2018 VPC (Vivek Varma,J) (Abhinava Upadhya,J)