Court No. - 34
Case :- WRIT - C No. - 6113 of 2019 Petitioner :- Subash Sharma Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Narendra Kumar,Shiv Kumar Maurya Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta,Tariq Maqbool Khan
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Shiv Kumar Maurya, learned Counsel for petitioner, Sri Shyam Krishna Gupta, learned Council for respondent 4 and learned Standing Counsel for State- respondents.
2. Allegation made in the present writ petition is that respondents are encroaching upon petitioner's land and therefore mandamus be issued to respondents not to encroach upon the petitioner's land.
3. Virtually, it is writ petition filed under Article 226 of the Constitution of India but in effect it is nothing but a suit for injunction. Suit for injunction is maintainable in common law, therefore, remedy lies to petitioner in common law.
4. Writ petition is dismissed on the ground of alternative remedy.
Order Date :- 25.2.2019 I.A.Siddiqui