Hon'ble Manish Mathur,J.
Notice on behalf of opposite parties no.1 to 3 has been accepted by learned Chief Standing Counsel, whereas Mr. S.S. Rajawat, Advocate has put in appearance on behalf of opposite party no.4 and filed vakalatnama, same is taken on record.
For the order proposed to be passed, there is no need to issue notices to opposite party nos.5 to 7, as such, notices to them are dispensed herewith.
Heard learned counsel for parties and perused the records.
The instant writ petition has been filed seeking following prayers:
"a. To allow an order in the nature of mandamus restraining the opposite parties not to construct or build any commercial complex on the disputed site of the kabrastan or graveyard until and unless any statutory order is passed by the authority concerned Parties should maintain the status quo till further order is passed in favor of the either party.
b. To pass such order it may be just and proper in the interest of justice.
c. Award the cost of the petition."
After hearing learned counsel for the petitioner as well as learned counsel for opposite parties and going through the records, we find that Regular Suit No.1485 of 2020; Shrimati Nargis Begum and others Vs. Qamar Khan and others is pending in the Civil Court. The suit was filed along with application for interim relief which is also said to be pending before the court concerned. The said suit has been filed pertaining to the present dispute.
Learned counsel for the petitioner during arguments informs that on the complaint of illegal construction being raised by one Shahrukh Nawab the Lucknow Development Authority has issued notice to the private respondents and have taken cognizance of the said construction being raised by them. The proceedings in that regard are also pending.
Learned Standing Counsel as well as learned counsel for opposite party no.4 have taken objection regarding maintainability of the writ petition on the ground that first of all for the dispute which has been raised in the present writ petition a suit is pending in the Civil Court and secondly the writ petition involves disputed questions of facts which cannot be adjudicated in writ jurisdiction.
We have considered the submissions made by parties' counsel and gone through the records.
It is apparent from the record that a Suit i.e. Regular Suit No.1485 of 2020; Shrimati Nargis Begum and others Vs. Qamar Khan and others is pending in the Civil Court along with an application for interim relief which pertains to the present dispute, as such, we do not find any reason to grant indulgence at this stage.
Writ petition is accordingly dismissed.
Order Date :- 4.2.2021 Ram.