Court No. - 38
Case :- WRIT - C No. - 11165 of 2018 Petitioner :- Ram Babu Singh Respondent :- State Of U.P. And 06 Others Counsel for Petitioner :- Akhilesh Chandra Shukla Counsel for Respondent :- C.S.C.
Hon'ble Ran Vijai Singh,J. Hon'ble Shashi Kant,J.
We have heard Sri Akhilesh Chandra Shukla, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
This writ petition has been filed with the following prayers :-
(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3/4 not to interfere in possession of the petitioner and also not restrain the petitioner from doing work on his plot no. 552 situated in village Andawa, Pargana Sikandara, Tehsil Phoolpur, District Allahabad.
(ii) Issue writ order or direction in the nature of mandamus directing the respondent no. 2 to conduct enquiry and take action against the respondent no. 3/4 upon the application of the petitioner.
(iii) Issue any other writ order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case.
It is contended by Sri Shukla, learned counsel for the petitioner that with respect to plot no. 552, suit has been filed by the petitioner in which an interim injunction has been granted restraining the private respondents not to interfere in the possession of the petitioner. It is further contended that the Sub- Divisional Officer has demarcated the land but when the petitioner started construction, respondents no. 3 and 4 are interfering in the possession of petitioner.
Considering the nature of the grievance raised by the petitioner, we dispose of this writ petition with the liberty to the petitioner to avail such other remedies as available to him under law for the reason that the writ jurisdiction is not appropriate forum for redressal of such grievance.
This writ petition is disposed of with the observation aforesaid.
Order Date :- 30.3.2018 Pratima