Court No. - 39
Case :- WRIT - C No. - 19786 of 2021 Petitioner :- Km . Sudha Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Wahid Jamal Counsel for Respondent :- C.S.C.,Shyam Mani Shukla
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
The petitioner has prayed for a mandamus directing the District Magistrate, Bulandshahar (respondent No. 2) to take action against respondent Nos. 3 to 15 in the light of complaint dated 26.2.2021.
In the said complaint, the petitioner has alleged that she had won litigation relating to land against co-tenure holders (the private respondents). One of the co-tenure holder has filed Writ Petition No. 21255 of 1995 before this Court in which an order of status quo dated 4.8.1995 is operating. There is another order dated 20.5.2005 restraining the petitioner of the said writ petition from executing any sale- deed. However, in defiance of these orders, the other side had executed sale deeds in favour of the different persons. They are now developing a colony over the same. The prayer made in the complaint is that the vendees should be restrained from taking possession illegally.
Having given thoughtful consideration to the facts of the case and the prayer made in the application, we are of considered opinion that filing of the instant writ petition amounts to gross abuse of the process of law. As per own case of the petitioner, a writ petition is pending in this Court against orders of subordinate authorities and wherein an order of status quo is in operation. In case there is breach of said order, the petitioner has remedy of filing appropriate application in the pending petition. Moreover, she has also got remedy of challenging the alleged sales in favour of private persons before appropriate forum. No occasion arises for this Court to issue writ of mandamus as sought by the petitioner.
The petition is, accordingly, dismissed.
Order Date :- 24.8.2021 Ankita (Deepak Verma,J.) (Manoj Kumar Gupta,J.)