Court No. - 32
Case :- WRIT - C No. - 24767 of 2019 Petitioner :- Laxmi Narain Respondent :- State Of U P And 11 Others Counsel for Petitioner :- Virendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This Writ Petition, inter alia, has been filed for the following reliefs;
"(I) issue a writ of mandamus commanding the respondent no. 4 to 12 not to encroach upon petitioner's bhumidhari land plot no. 1808 for construction of road on north side of pakka public interlocking road constructed by Nagar Palika Parishad, Shikarpur in plot no. 1810 and 1811 from public highway to chak no. 1796 and 1793.
(II) issue a writ of mandamus commanding the respondent no. 4 and 5 not to encroach upon the public pakka interlocking road constructed by Nagar Palika Parishad, Shikarpur for general public in plot no. 1810 and 1811 situate in village Shikarpur which starts from National Highway to upto plot no. 1816 and 1793 and remove the fencing wire and bricks kept on the public road constructed in plot no. 1810 and 1811 and not to create any obstruction to the general public from using the said road from National Highway to plot no. 1816 and 1793.
(III) Issue a writ of mandamus commanding the respondent no. 4 and 5 not to include the public road constructed by Nagar Palika Shikarpur, in plot no. 1810 and 1811 in the compound of police station and Circle Officer, Shikarpur by raising boundary wall, so that entire general public may use the said public road from National Highway to reach their plots for cultivation, irrigation and other purposes."
Heard Learned Counsel for the parties and perused the record.
A perusal of the record shows that the petitioner is having a dispute with the private respondent nos. 6 to 12 over the land in question. Petitioner in substance is seeking a relief against private respondent. Since, dispute between the parties is essentially a dispute of civil nature, it cannot be adjudicated upon by this court in exercise of the powers conferred under Article 226 of the Constitution of India.
In view of the above, we do not see any justification to interfere in the matter. However, it is open to the petitioner to seek appropriate remedy before appropriate forum in accordance with law.
With aforesaid observation, this writ petition is disposed of finally.
Order Date :- 30.7.2019 Pkb/