Court No. - 38
Case :- WRIT - C No. - 38254 of 2018 Petitioner :- Mohammad Nafees Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Mohd. Samiuzzaman Khan Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State- respondents.
The petitioner has come up to this Court seeking a direction restraining respondent no.4 not to demolish the shop belonging to respondent no.5 in which the petitioner is the tenant. The petitioner claims that he has already filed a suit but no injunction has been granted.
By means of this writ petition the petitioner has prayed that during the pendnecy of the said suit the respondent no.5 be injuncted from interfering in the possession.
Such a prayer in a writ proceeding cannot be maintained. If the petitioner has any grievance, he can move an application for interim injunction in the said suit.
The writ petition, for the aforesaid purpose, is not maintainable.It is, accordingly, dismissed.
Order Date :- 26.11.2018 SKM
(Vivek Varma,J.) (Abhinava Upadhya,J.)