Court No. - 38
Case :- WRIT - C No. - 18447 of 2019 Petitioner :- Ram Niwas Sharma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Gaurav Gupta Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
By means of this writ petition the petitioner has raised a private dispute for restraining the private respondents no.5 and 6 from encroaching upon the land of the petitioner .
It is to be noted that the petitioner has to establish his right over the land before the appropriate forum and if any, private individual is encroaching upon the land of the petitioner, he has to get restraint order by approaching the civil court of competent jurisdiction. In a writ proceeding such a direction cannot be issued.
The writ petition is mis-conceived and it is, accordingly, dismissed.
Order Date :- 30.5.2019 SKM (Saurabh Shyam Shamshery,J.) (Abhinava Upadhya,J.)