Court No. - 29
Case :- WRIT - C No. - 23232 of 2019 Petitioner :- Pradeep Kumar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhanshu Pandey Counsel for Respondent :- C.S.C.,Archit Mandhyan
Hon'ble Pankaj Mithal,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard Sri Sudhanshu Pandey, learned counsel for the petitioners and Sri Adarsh Bhushan, learned counsel who has accepted notice on behalf of Krishi Utpadan Mandi Samiti, Gorakhpur.
The petitioners were allotted a Fad No. 11 on Chabutara No. 2 in the Mandi market area, but the petitioners in addition to it have also occupied unauthorizedly adjoining areas i.e. Fad No. 2/14 and 2/12. Accordingly, they have been served with a show cause notice dated 16.05.2019 requiring him to furnish his explanation as to why legal action may not be taken against them.
The petitioners have filed Original Suit No. 830 of 2001 which is pending before the Civil Judge, Senior Division, Gorakhpur in respect of the above cause.
Now, the petitioners have filed this petition for the quashing of the above notices and for a direction not to dispossess them from the area allotted to them.
In the facts and circumstances, as the petitioners have filed the civil suit, they may approach the Civil Court for the grant of interim injunction or protection and the filing of the writ petition only for the purpose of stay is not proper.
At the same time, the respondent No.3 is yet to consider the explanation of the petitioners pursuant to the show cause notice and to take appropriate action in accordance with law.
In view of the above, we are not inclined to exercise our discretion in the matter and the petition is dismissed with the above observations.
Order Date :- 26.7.2019 Nirmal Sinha