Court No. - 34
Case :- WRIT - C No. - 43476 of 2018 Petitioner :- Surendra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vidya Prakash Singh Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard learned counsel for petitioners and learned Additional Chief Standing Counsel for respondents.
2. Petitioners alleged encroachment upon their land and construction of Pucca road unauthorisely. Earlier petitioners approached this Court in Writ Petition No. 27207 of 2018 which was disposed of vide order dated 10.08.2018 directing respondents to decide petitioner's representation, whereupon District Magistrate, finding no substance or truth in complaint of petitioners, has rejected their representation vide order dated 16.10.2018, impugned in present writ petition.
3. Learned Additional Chief Standing Counsel after receiving instructions has stated that petitioners have encroached upon land of Gaon Sabha unauthorisedly and their complaint has been found to be incorrect.
4. Be that as it may, we are not indulging in disputed question of fact and since in this regard petitioners have remedy in common law also this writ petition is dismissed on the ground of alternative remedy.
Order Date :- 22.2.2019 AK