Court No. - 38
Case :- WRIT - C No. - 28435 of 2021 Petitioner :- Sonal Dubey Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vijay Bahadur Yadav Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. Vijay Bahadur Yadav, learned counsel for petitioner and learned Standing Counsel representing respondents 1, 2, 3 and 4.
This writ petition has been filed by petitioner for a writ of mandamus commanding respondents 2 to 3 to restrain respondents 5 to 7 from interfering with the peaceful possession of petitioner over the land in dispute.
At the very outset, learned Standing Counsel has raised a preliminary objection by submitting that present writ petition is not maintainable as relief claimed for by petitioner cannot be granted in a writ petition. Remedy of petitioner is to approach Competent Authority under U.P. Revenue Code 2006 or before competent Court of civil jurisdiction for a decree of permanent injunction. Consequently, present writ petition is liable to be dismissed.
When confronted with above, learned counsel for petitioner could not overcome the same.
In view of above, writ petition fails and is liable to be dismissed.
It is, accordingly, dismissed.
Order Date :- 29.10.2021 HSM