Court No. - 38
Case :- WRIT - C No. - 38355 of 2018 Petitioner :- Rajeshwar Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri Awadhesh Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner claims to be Pujari of a Temple and submits that the respondent No.5 has executed many sale-deeds and Ghaziabad Development Authority is interfering with the land of the petitioner without demarcation. It is further submitted that the land belongs to the Diety and is recorded in the revenue records in the name of Diety. The respondent No.5 alongwith other respondents is encroaching upon the land and threatening to demolish the temple.
In case, the petitioner has clear title over the land in question, the petitioner has to approach the Civil Court for declaration of his right by filing a suit.
In writ jurisdiction, such dispute cannot be decided.
The writ petition is misconceived and is, accordingly,
dismissed.
Order Date :- 26.11.2018 Ajeet (Vivek Varma,J. ) (Abhinava Upadhya,J.)