Heard learned counsel for the petitioners and learned standing counsel .
The dispute in th present writ petition relates over plot no. 76 situated at Village Maheshpur, Pargana Shivpur, Tehsil Sadar, District Varanasi. The petitioners as plaintiffs instituted original suit no. 255 of 2010 (Mewa Lal and others) for permanent injunction in respect of the above land. In the said suit an application for interim injunction was also filed. The said application has been rejected by the impugned order dated 9.6.2010 on the ground that in proceedings under section 41 of the U.P. Land Revenue Act and order has been passed on 28.2.2007 demarcating the land and therefore, there is no primafacie case in favour of the petitioner.
Against the aforesaid order rejecting the application for interim injunction petitioner has an alternative remedy for filing an appeal.
Learned counsel contends that S.D.M. has passed an order on 10.6.2006 for the dispossession to the petitioner from the land in dispute, therefore, it is necessary for him to approach this court directly.
Be as be it may be, the suit of the petitioner is pending wherein the rights of the parties are yet to be determined. Besides the petitioner has a statutory remedy of filing an appeal and to obtain injunction if necessary. Therefore, there appears to be no justification to allow the petitioner to by pass the above remedy and to approach the court directly.
In view of the aforesaid facts and circumstances of the case I do not consider it to be a fit case for entertaining the writ petition at this stage. Accordingly writ petition is dismissed on the ground of availability of alternative remedy. The petitioner if so advised may file an appeal before the appropriate court which the court expects shall be considered at the earliest.
Order Date :- 22.6.2010 R.C.