Court No. - 46
Case :- WRIT - C No. - 10771 of 2019 Petitioner :- Radhey Shyam And 3 Others Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Dhiraj Srivastava Counsel for Respondent :- C.S.C.,Abhishek Kumar Yadav,Bhola Nath Yadav
Hon'ble Saral Srivastava,J.
Heard learned counsel for the parties.
The petitioners have filed a suit for injunction registered as original suit no. 707 of 2018 restraining the respondents from interfering in possession of the petitioners' land. The court below has passed an interim injunction order dated 29.03.2018.
The petitioners have come up with the following order:-
"(i) To issue a writ, order or direction in the nature of mandamus commanding the respondent no.7 to ensure compliance of the direction made by respondents no.4 & 5 so that no encroachment on the land in question should be made.
(ii) To issue a writ, order or direction in the nature of mandamus commanding respondents authorities to ensure that petitioners may not be dispossessed otherwise in accordance with law."
Since the petitioners have availed remedy of suit wherein they have got interim junction, therefore, the reliefs prayed for cannot be granted. Further, it appears that the dispute in the present case is of private nature between two parties for which no writ of mandamus can be issued.
Consequently, the writ petition lacks merit and is dismissed.
Order Date :- 26.4.2019 S.Sharma