Court No. - 1
Case :- WRIT - C No. - 24872 of 2020 Petitioner :- Shiv Moorat And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sudhir Kumar Pandey,Kamlesh Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
Heard Sri Sudhir Kumar Pandey, learned counsel for the petitioners and Sri Shyam Sundar, learned Standing Counsel for the State- respondents.
Petitioners have filed this petition seeking issuance of a writ, order or direction in the nature of mandamus commanding and directing the respondent-authorities to restrain respondent nos.4 and 5 from raising any construction over Araji No.131 situated at Village-Amani Lokipur, Post Office-Lokipur, Pargana-Chayal, Tehsil-Chayal, District-Kaushambi.
Learned counsel for the petitioners submits that he moved an application before the Sub-Divisional Officer, Chayal, District- Kaushambi, on which, order of status quo was passed by the S.D.O. on 15.03.2019, but same is not being followed by the opposite parties.
Learned counsel for the respondent nos.1, 2 and 3 submits that this Court is not an executing authority for the orders of the S.D.M., and if orders of the S.D.M. are not being followed by the opposite party, then petitioners have a remedy to approach the superior revenue authorities or to move an appropriate application for injunction.
After hearing learned counsel for the parties and in view of the availability of the alternative remedy to the petitioners, this petition being devoid of merits, deserves to be dismissed and is dismissed.
Order Date :- 5.1.2021 Ashutosh