Court No. - 29
Case :- WRIT - C No. - 26804 of 2021 Petitioner :- Kishan Lal And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Bhahadur Yadav Counsel for Respondent :- C.S.C.,Brijesh Kumar Mishra,Pradeep Kumar Tripathi,Ravi Prakash Pandey
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
Sri I.B. Yadav, counsel for the petitioners, Sri Pradeep Kumar Tripathi, counsel for respondent no.3 and Sri Brijesh Kumar Mishra, counsel for respondent no.4.
According to petitioners, one brook (Nala) of Ghaziabad Development Authority is overflowing into their plot bearing Khasra no. 77 causing damage to their crops.
On the previous date, this Court had asked the counsel for the Development Authority to seek instructions.
On instructions, counsels for Development Authority and the Nagar Nigam submit that the so called brook (Nala) is in existence since decades and is not causing any problem to the petitioners. They submit that the petitioners want to dispose of certain plots and it appears that as they are not getting good price on account of existence of brook (Nala), this petition has been filed. Learned counsels show certain photographs which are taken on record.
The above submissions of counsel for respondents are being disputed by the counsel for petitioners.
Number of disputed questions are involved which cannot be adjudicated in a writ petition filed under Article 226 of the Constitution of India.
Without observing anything on the merits of the case, the petition is dismissed leaving it open to the petitioners to avail remedy available to them under the law.
Order Date :- 20.12.2021 RK