Court No. - 5
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5073 of 2018 Petitioner :- Muzammil Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Vikram Nath,J. Hon'ble Dr. Y.K. Srivastava,J.
Heard learned counsel for the petitioner and Shri Rajiv Singh, learned Standing Counsel for the State-respondents.
The remedy available to the petitioner for removal of encroachment is either under the Municipal Corporation Act, 1959 or by way of filing a Civil Suit and not by way of approaching this Court under Article 226 of the Constitution of India.
We accordingly dismiss this petition as withdrawn leaving it open to the petitioner to avail such remedy as advised.
Order Date :- 21.12.2018 Arnima (Dr. Y.K. Srivastava, J.) (Vikram Nath, J.)