Court No. - 38
Case :- WRIT - C No. - 24647 of 2018 Petitioner :- Ram Gopal Jayaswal Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Santosh Kukmar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner and learned Standing Counsel for State authorities.
By means of this writ petition the petitioner has come to this Court seeking a direction upon private respondents 4 to 8 not to construct house over plot no.1218 and 1219, in village Ballia, Police Station Mamaur, Tehsil Anwala, District Bareilly.
Learned counsel for the petitioner has not been able to indicate any provisions of law or his right over land in question to restrain private respondents from constructing the house. If the petitioner's land is being encroached by somebody, the petitioner has remedy of filing suit for deciding his title. In writ jurisdiction under Article 226 of the Constitution, no such direction can be issued .
The writ petition is misconceived. Dismissed.
Order Date :- 30.7.2018 KA
(Shashi Kant,J.) (Abhinava Upadhya,J.)