Court No. - 32
Case :- WRIT - C No. - 24929 of 2019 Petitioner :- Rauli Yadav Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Raj Kumar Srivastava,Shiv Poojan Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition, inter alia, has been filed for the following relief;
"(i) to issue a writ, order or direction in the nature of mandamus directing respondents no.5 and 6 n Gata No.535 area 1.230 hectare which is situated at Village Deipur Mauza Udaipur, Tehsil Bidhuan, District Auraiya, during the pendency of the temporary injunction Suit No.314 of 2019 (Rauli Yadav vs. Smt. Sneh Lata and others) in the Court of Civil Judge (Senior Division), Auraiya."
Heard learned counsel for the parties and perused the record.
A perusal of the record shows that the petitioner is having a dispute with the private respondents No.5 and 6 over the property-in-question. In this regard, a Civil Suit No. 314 of 2019 was already preferred by the petitioner before the concerned court below, which is still pending. Since the present disputes relates to the landed property between the petitioner and the private respondents, it cannot be adjudicated upon by this Court in exercise of its powers conferred under Article 226 of the Constitution of India.
In view of the above, we do not see any justification to interfere in the matter.
It is open for the petitioner to seek appropriate remedy and pursue the matter before the concerned court below, in accordance with law.
With the aforesaid directions, the writ petition stands disposed of.
Order Date :- 30.7.2019 Rishabh