Hon'ble Manish Mathur,J.
(ORAL)
1. The following two main prayers have been made in this petition:-
"(i) Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the opp. Party No.1 to take strict and appropriate action against the opp. Party No.3&4 who violated the order dated 25.09.2012 passed by Civil Judge (J.DC) Gonda in a suit no.1869/2012 for maintaining the status quo over gata No.694&695, with collusion of the opp. Party no.5 to 9, have broken the wall of the petitioner.
ii. Issue a writ order or direction in the nature of MANDAMUS thereby commanding the opp. Party No.1 to restrain the opp. parties to maintain the status quo over land in dispute in compliance of the order dated 25.9.2012, and also construct the new wall as it was prior broking the wall.
iii iv."
2. Learned counsel for the petitioner has not appeared to prosecute the case. The case relates to the year 2013. Six years have gone by. We find no justifiable reason to adjourn the matter to await appearance of the counsel.
In such circumstances, we have gone through the pleadings, and have considered the issue raised by the petitioner with the assistance of Shri Raj Baksh Singh, learned counsel for the State.
3. The pleadings in the writ petition indicate that the petitioner claims himself to be bhumidhar with transferable rights of land comprised in Gata Nos.694&695, village Bhaurignaj, Police Station Paraspur, District Gonda. It has been alleged that respondents 5 to 9, who are private persons, are influential persons with political background and are inimical towards the petitioner, and want to forcibly take ancestral property of the petitioner.
In para 7 of the petition it has been pleaded that wife of Islam (respondent no.8) namely Sayara Bano filed a regular suit in civil court. Court Amin made spot inspection and submitted commission report saying that wall was in the land of the petitioner and the private respondents wanted to demolish the wall.
In para 8 of the petition it has been pleaded that the petitioner filed a civil suit in the court of Civil Judge, Junior Division, Gonda which has been registered as regular suit no.1869 of 2012 titled Modh. Rafiq vs. Naim and others. The court having competent jurisdiction passed an order directing maintenance of status quo. Copy of the plaint filed in the civil court, and order passed have been appended as Annexures 2 and 3 to the writ petition.
It has been pleaded that private respondents exercising influence over the official respondents and on paying illegal gratification are violating interim order passed by the civil court.
4. Having considered the issue, we find that, at best, it is the claim of the petitioner that an order issued under Order XXXIX Rule 1 and 2 of Code of Civil Procedure 1908 is being violated.
In the considered opinion of the court, the petitioner has the remedy of filing an application under Rule 2A of Order XXXIX of Code of Civil Procedure 1908. Filing of writ petition in extraordinary writ jurisdiction is not the remedy available with the petitioner in context of civil court order for its implementation.
5. The petition is dismissed, however with liberty to the petitioner to avail other remedies provided in law.
Order Date :- 26.8.2019 Madhu