Court No. - 5
Case :- WRIT - C No. - 27063 of 2020 Petitioner :- Room Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pooja Chaudhary,Sharda Prasad Mishra Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner.
The petitioner by means of the present writ petition has prayed for the following relief:-
"I. Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents to stay the construction of Panchayat Bhawan of Gram Panchayat Bhadaira, Pargana Marhara, District Etah illegally Constructing over the Gata No.209/1 having an area 0.3240 hectare .
II. Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents to decide the petitioner's representation dated 10.11.2020 which is still pending before him (Contained in Annexure No.5 to the writ petition)."
The petitioner has instituted a Suit No.664 of 2020 for injunction restraining the respondents from interfering in his property.
Since the petitioner has instituted the aforesaid suit, therefore, the relief as prayed by the petitioner in the present writ petition cannot be granted inasmuch as petitioner cannot pursue two remedies simultaneously.
Thus, for the reasons given above, the writ petition lacks merit and is accordingly, dismissed.
Order Date :- 8.1.2021 Sattyarth Digitally signed by Justice Saral Srivastava Date: 2021.01.08 18:48:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad