Court No. - 18
Case :- WRIT - C No. - 14667 of 2018 Petitioner :- Mool Chandra and another Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Vinod Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Vinod Singh, learned counsel for the petitioners and Shri S.P. Srivastava, learned Standing Counsel for the State respondents.
The petitioners are assailing the order impugned dated 23.3.2018 passed by the second respondent, Sub Divisional Magistrate/Assistant Collector, 1st Class Baberu, District Banda to the extent of denial of granting relief on their application dated 16.6.2018, arising out of proceeding under Section 176 of U.P. ZA & LR Act, Village Para Bannu Begam, Tehsil Baberu, District Banda and for direction to the second respondent to decide their application dated 16.3.2018 in accordance with law.
Record in question reflects that the petitioners have proceeded to file a Civil Suit No.168 of 2014 (Mool Chandra and others vs. Mata Prasad and others) alongwith injunction application under Order 39 Rule 1 and 2 of C.P.C. and learned Civil Judge (Senior Division), Baberu, District Banda passed an order dated 7.11.2014 restraining the respondents from raising any constructions over the land in dispute.
Once the civil suit in question has been filed and the nterim injunction has been granted, then there is no reason or occasion for this Court to entertain the writ petition in question in the format as it has been filed and the issues that are being raised before this Court certainly can be agitated by the petitioner before the Civil Court.
Accordingly, the writ petition is dismissed.
Order Date :- 24.4.2018 RKP