Court No. - 29
Case :- WRIT - C No. - 19390 of 2018 Petitioner :- Moosa Khan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashok Kumar Singh,Pratibha Singh Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner.
Petitioner is aggrieved by some illegal action of the respondents no. 4 & 5 who are digging his 'bhumidhari' land to take out clay and earth for the purpose of brick-kiln. This is a private dispute between the petitioner and the respondents no. 4 & 5 and the remedy available to the petitioner is under common civil law and merely because he has made a representation before the District Magistrate, that would not entitle him to approach this Court and obtain a mandamus inasmuch as the district administration has no authority or jurisdiction to interfere in a private dispute.
Writ petition stands dismissed with liberty to the petitioner to avail the remedy under the common civil law if he is so advised.
Order Date :- 28.5.2018 nd