Court No. - 34
Case :- WRIT - C No. - 31711 of 2019 Petitioner :- Rais Ahmad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Janardan Prasad Srivastava,Santosh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Santosh Kumar, learned counsel for petitioner and learned Standing Counsel for State.
2. Petitioner has filed this writ petition seeking a mandamus commanding respondent no. 3 to take appropriate action against respondents no. 6 and 7, who are private respondents, have hoisted flag on petitioner's land which is evident from petitioner's representation dated 28.008.2019 (Annexure 6 to the writ petition).
2. If private parties have illegally encroached or taken possession of petitioner property in dispute, remedy lies in criminal law by initiating criminal proceedings by registering an F.I. R and also in common law by filing suit for recovery of possession.
4. Writ petition is accordingly dismissed on the ground of alternative remedy.
Order Date :- 27.9.2019 YK