Court No. - 32
Case :- WRIT - C No. - 24932 of 2019 Petitioner :- Pinki Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raj Kumar Srivastava,Shiv Poojan Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
The writ petition has been filed for the following reliefs :-
"(i) issue a writ order or direction in the nature of mandamus directing to the respondents authority to restrain the respondent no.5 in Gata No.103, Plot No.18 area 90.61 vergmeter which is situated at Sahkari Avas Samiti Limited, District Etawah, during the pendency of the permanent injunction Suit No.522 of 2019 (Pinki Devi vs. Rajni) in the Court of Civil Judge (Junior Division) Etawah."
A perusal of the record shows that petitioner in substance is seeking relief against the private respondent no.5. According to the petitioner, respondent no.5 is causing interference in the peaceful possession of the petitioner over the land-in-dispute.
Learned counsel for the petitioner submits that petitioner had already filed a civil suit (for permanent injunction) bearing Suit No.522 of 2019 (Pinki Devi vs. Rajni) before the Civil Judge (Junior Division) Etawah, which is still pending and has yet not been decided.
Since the petitioner had already filed a civil suit before the court below and the dispute between the parties relates to the landed property between the petitioner and the private parties, it cannot be adjudicated upon by this Court in exercise of its powers conferred under Article 226 of the Constitution of India.
In view of the above, we do not see any justification to interfere in the matter.
However, it is open to the petitioner to pursue his remedy, if so advised, in common law courts, in accordance with law.
With the aforesaid directions, the petition stands
disposed of.
Order Date :- 30.7.2019 Rishabh