Court No. - 29
Case :- WRIT - C No. - 37971 of 2019 Petitioner :- Smt. Nashreen Siddiqui And 03 Others Respondent :- Prayagraj Development Authority And Another Counsel for Petitioner :- Satendra Kumar Singh,Suresh Chandra Varma Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi
Hon'ble Pankaj Mithal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Suresh Chandra Varma, learned counsel appearing for the petitioners and Sri Arun Kumar assisted by Sri B.K. Ojha for the Prayagraj Development Authority/Respondent no. 1.
The petitioners are claiming that they are owners of possession of a portion of plot no. 377 situate in Kasari Masari, Pargana and Tehsil Sadar, District Prayagraj.
It is admitted that the respondent no. 1 has only acquired a part of the said plot but they have taken possession even over the unacquired portion of the said plot. The petitioners therefore wants that their possession be restored along with the constructions that were existing on the said plot.
In effect the petitioners are seeking a mandatory injunction against the respondent no. 1 to put the petitioners in possession of their land which they claim was never acquired and to restore the constructions as they existed prior to their dispossession.
The relief that has been claimed by the petitioners in this petition is a matter to be adjudicated upon on consideration of the evidence of the parties. This Court in exercise of its extra ordinary jurisdiction is not competent to take evidence and to decide such a lis.
In view of the above, we dispose of the petition with liberty to the petitioners to take recourse to the civil remedies that may be available to them in law.
The writ petition for the above purpose is not the proper remedy and is accordingly dismissed.
Order Date :- 28.11.2019 SKS