Shri Mathura Vrindavan Hasanand Gochar Bhumi Trust Samiti vs State Of U P And Others

Court No. - 34

Case :- WRIT - C No. - 7196 of 2018 Petitioner :- Shri Mathura Vrindavan Hasanand Gochar Bhumi Trust Samiti Respondent :- State Of U.P And 02 Others Counsel for Petitioner :- Alok Krishan Tripathi Counsel for Respondent :- C.S.C.

Hon'ble Sudhir Agarwal,J. Hon'ble Shashi Kant,J.

1. This is thoroughly misconceived and ill-advised writ petition inasmuch in the garb of writ petition under Article 226, virtually it is a suit for injunction so as to restrain respondents from taking possession over land in dispute.

2. Firstly we find that no cause of action exists and even otherwise, remedy lies in common law by filing suit for injunction.

3. The writ petition is, accordingly, dismissed on the ground of alternative remedy.

Order Date :- 28.2.2018 PS