Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the petitioners.
Admittedly a civil suit registered as Regular Suit No. 26/1994 for permanent injunction to which the petitioners are party as defendants, is pending before the competent civil court.
It is stated that an order of status quo was passed in civil proceedings. Notwithstanding the interim order passed by the civil court, the property in dispute is stated to have been demolished. It is also stated that such an act has taken place in connivance with the police authorities.
Be that as it may, once the civil proceedings are pending between the parties, there is no occasion for invoking writ jurisdiction of this Court under Article 226 of the Constitution of India that too in relation to a matter which essentially is civil in nature.
Leaving it open to the petitioners to avail the remedy open under law, the present writ petition being not maintainable, is hereby dismissed.
It is, however, made clear that dismissal of this writ petition would not in any way prejudice the civil remedy that may be available to the petitioners in the eye of law.
Order Date :- 24.5.2021 Fahim/-