Court No. - 32
Case :- WRIT - C No. - 24209 of 2019 Petitioner :- Radheyshyam Pandey Respondent :- State Of U.P. And4 Others Counsel for Petitioner :- Sushil Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition, inter alia, has been filed for the following relief;
"I. Issue a Writ, Order of Direction in the nature of mandamus to direct the respondent no. 2, 3 and 4 to strictly prohibited interference of respondent no. 5 at Temple Sri Takurji Maharaj Virajman Mandir in village-Sanaykheda, Pargana and Tehsil-Bhognipur, District- Kanpur Dehat and its land of Arazi No. 401, 402, 407 area 6.0510 Hectare.
II. Issue a Writ, Order of Direction in the nature of mandamus to directing and commanding the respondent no. 2 to take action over representation dated 08.07.2019 (Annexure No. 5 to this writ petition) as possible as earliest within stipulated period as fixed by the Hon'ble High Court."
Heard learned counsel for the parties and perused the record.
A perusal of the record shows that the petitioner is having a dispute with the private respondent no. 5 over the land in question. Petitioner in substance is seeking a relief against private respondent. Since, dispute between the parties is essentially a dispute of civil nature, it cannot be adjudicated upon by this court in exercise of the 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 seek appropriate remedy before appropriate forum in accordance with law.
With aforesaid observation, this writ petition is disposed of finally.
Order Date :- 25.7.2019 Pkb/