Court No. - 32
Case :- WRIT - C No. - 14700 of 2019 Petitioner :- Rekha Devi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
This writ petition, inter alia, has been filed for the following relief;
"1- To issue a writ of mandamus to respondent no. 2, Senior Superintendent of Police, District Varanasi to take necessary action against the S.H.O. Shri Mahesh Pandey, Bada Gaon, Varanasi and against other respondents in view of representation dated 04.04.2019 made by the petitioner, within stipulated period as fixed by this Hon'ble Court."
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. 3 to 8 over the land in question. In this regard, a civil suit i.e. Original Suit No. 21 of 2019 was already preferred by the petitioner before the concerned court below. 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.
The writ petition is, accordingly, dismissed. However, it is open for the petitioner to seek appropriate remedy before the concerned court below in accordance with law.
Order Date :- 26.4.2019 vinay