Hon'ble Jaspreet Singh,J.
The Court has convened through video conferencing.
Heard Sri R.B.S. Rathaur, learned counsel for the petitioner and Sri H.P. Srivastava, learned Additional Chief Standing Counsel for the State.
The present writ petition has been filed by the petitioner, namely, Raghvendra Misra with the following prayers :-
"(a) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.3 and 4 to comply with the directions/order dated 19.02.2021 of the opposite party no.2 forthwith in its letter and spirit.
(b) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.3 to pass appropriate orders in respect of the ancestral house of the petitioner situated in Village & Post - Asnara, P.S. -Rajesultanpur, District - Ambedkar Nagar forthwith in accordance with law.
(c) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to provide adequate security to the petitioner to enable him to construct 'Pakka' house over his old 'Kachcha' house situated in Village & Post - Asnara, P.S. - Rajesultanpur, District Ambedkar Nagar."
Learned counsel for the petitioner Sri Rathaur submits that the petitioner is the owner in possession of the ancestral house which had fallen down and he is in the process of raising construction but certain villagers have spread the rumors that there is a public pathway existing at the north side of the petitioner's house and they are creating impediment in raising the construction.
It has further been submitted that the respondents are also playing to the tune of the said villagers though the property in question is an ancestral property of the petitioner and neither there is any public pathway nor any other person has any right, title or interest thereon. It is in the aforesaid circumstances that the petitioner prays that the respondents be directed to comply with the directions issued by the Sub-Division Magistrate dated 19.02.2021 and also provide adequate security to the petitioner to enable him to construct the house in question.
After going through prayer made in the writ petition and the contents therein, we find that the instant petition involves disputed questions of fact and even otherwise the petitioner has adequate remedy of filing a suit and seeking an injunction against the erring villagers as alleged.
In view of the aforesaid, this Court is not inclined to entertain the aforesaid writ petition and it is being dismissed solely on the ground of availability of alternate remedy. The petitioner shall be at liberty of availing the legal remedy as available to him in law.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 Anand/-