Court No. - 29
Case :- WRIT - C No. - 2299 of 2019 Petitioner :- Mithai Lal And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Amaresh Yadava Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioners and the learned Standing counsel for the respondents.
The petitioners claim that their father had purchased an abadi land in the year 1996 whereupon some constructions have been raised over it. The possession of the petitioners over the said property is being interfered with by one Shakil who is trying to illegally grab the said property.
The petitioners in the above circumstances has filed this petition seeking a direction that his representation dated 20.11.2018 submitted before the Sub-Divisional Magistrate be considered and decided.
In the event any private person is interfering with the possession of the petitioner over the property in question, the proper remedy available to the petitioners is to institute a civil suit and to seek injunction. He may also simultaneously draw proceedings under the criminal law. The representation or the writ petitioner for the above purpose is no remedy.
In view of the above, the petition is dismissed with liberty aforesaid.
Order Date :- 29.1.2019 SKS