Court No. - 32
Case :- WRIT - C No. - 24131 of 2019 Petitioner :- Swatantrata Sangram, Grih Nirman, Samiti Limited And 2 Others Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Devashish Tripathi,Brij Gopal Counsel for Respondent :- C.S.C.,Shyam Mani Shukla
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 to the authority concerned to take required and appropriate legal action against the respondent no. 6 who is very much intending and went upon to take illegal possession of Khasara-104 M, situated in Village- Chhalesar, Tehsil- Etmadpur, Paragana- Etmadpur, District- Agra, arbitrarily and forcefully."
Heard learned counsel for the parties and perused the record.
A perusal of the record shows that the petitioners have filed this writ petition alleging that the respondent no. 6 is trying to take illegal possession of the land belonging to the petitioner. Petitioners in substance are seeking a relief against private respondent. Since, dispute between the 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 petitioners 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/