Court No. - 1
Case :- WRIT - C No. - 20258 of 2019 Petitioner :- Smt. Nisha Devi And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Avinash Chandra Srivastava,Ram Chandra Srivastava Counsel for Respondent :- C.S.C.,Nagendra Nath Mishra
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Avinash Chandra Srivastava, learned counsel for the petitioners, learned Standing Counsel for the State-respondent nos.1 to 3 and Sri Nagendra Nath Mishra, learned counsel for the respondent no.4.
By means of this writ petition, the petitioners have prayed for the following relief:
(i) To issue a suitable writ, order or direction in the nature of mandamus directing the respondents not to demolish the houses of the petitioners situated in Shanti Nagar, Nandgram, Ghaziabad.
(ii) To issue a suitable writ, order or direction in the nature of mandamus directing the respondents to comply the order dated 20.5.2019 passed by Nagar Ayukt, Nagar Nigam, Ghaziabad.
At the outset, learned counsel for the respondent no.4 has drawn our attention towards an order dated 10.06.2019 passed by this Court in Writ-C No.20017 of 2019 (Smt. Usha Goel and 6 others vs. State of U.P. and 3 others) in similar facts to which the learned counsel for the petitioners does not dispute the same. The relevant part of the said order reads as under:
"The petitioner is seeking injunction from this Court and has placed reliance on electricity bill, sale deed and house tax. Disputed questions of fact are involved in the present writ petition which cannot be adjudicated in the present proceedings. The petitioner is at liberty to approach appropriate legal forum for appropriate relief.
We are not inclined to interfere in this matter. The writ petition is dismissed."
In the light of the aforesaid, this writ petition is also dismissed.
(Vivek Varma, J.) (Ramesh Sinha,J.) Order Date :- 14.6.2019 Ajeet