Court No. - 46
Case :- WRIT - C No. - 34684 of 2021 Petitioner :- Ram Kripal Singh Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Sameer Jain,J.
Heard learned counsel for the petitioner; and the learned Standing Counsel for the respondents 1, 4 and 5.
The prayer in this petition is to command the third respondent, before whom Reference Case No.267 of 2021 is pending, not to disburse the compensation amount of the acquired land pertaining to Arazi No.369, area 0.2233 hectare, and in Arazi No.377, area 0.1740 hectare, relating to Mauja Barachavar, Pargana Jahurabad, Tehsil Mohammadabad, District Ghazipur till a decision is taken with regard to the validity of the Will dated 18.02.2010 pending in the court of Civil Judge (Junior Division), Mohammadabad, Ghazipur.
As, admittedly, there appears a civil dispute pending before a civil court, the appropriate course for the petitioner is to seek appropriate relief in the pending civil proceedings, if so advised. A parallel examination of the rights of the parties, inter se, in writ jurisdiction would not be appropriate.
In view of the above, we decline to issue any such direction as has been prayed for but leave it open to the petitioner to take recourse to other alternative remedies, as may be advised.
The petition stands disposed off.
Order Date :- 24.12.2021 AKShukla/-