Court No. - 32
Case :- WRIT - C No. - 24215 of 2019 Petitioner :- Reetram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Pal Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed, inter alia, for the following relief;
"(i) issue a writ, order of direction in the nature of mandamus directing the respondents not to interfere in peaceful possession of the petitioner over the house in question during pendency of the Original Suit No. 05 of 2019 (Reetaram vs. State of U.P. and others) pending in the Court of Civil Judge (Junior Division), Bisalpur, District Pilibhit."
Heard learned counsel for the parties and perused the record.
A perusal of the record shows that the petitioner has already filed Original Suit No. 05 of 2019 for redressal of his grievances, which is pending before the Court of Civil Judge (Junior Division), Bisalpur, District Pilibhit. Petitioner in substance is seeking a relief against private respondent. Since, dispute between the private parties is essentially a dispute of civil nature, it cannot be adjudicated upon by this court in exercise of the 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. However, it is open to the petitioner to seek appropriate remedy before appropriate forum in accordance with law.
With aforesaid observation, this writ petition is disposed of finally.
Order Date :- 25.7.2019 Pkb/