The court dismissed the writ petition observing that the petitioner availed alternative remedies via a pending civil suit and revision application, rendering the writ petition inappropriate for disposal.
Petitioner to agitate claim for injunction in civil court; no direction issued in writ petition.
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Court No. - 18
Case :- WRIT - C No. - 12015 of 2018
Petitioner :- Lal Bahadur Tiwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manish Dev Singh Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner, learned Standing Counsel and Sri Manoj Kumar Yadav, learned counsel for the respondent no. 4.
The petitioner is assailing the order dated 5.3.2018 passed by respondent no. 2 Collector/District Magistrate, Jaunpur in revision no. 1752/2016 Lal Bahadur Tiwari Vs. State, u/s 122B(4A) of U.P.Z.A. and L.R.Act 1950 (Annexure No. 10 to the writ petition) adn the order dated 2.5.2016 passed by respondent no. 3 in case no. 20141436063167 Gaon Sabha Vs. Amar Nath, u/s 122B(4A) of U.P.Z.A. and L.R.Act 1950 (Annexure No. 7 to the writ petition).
As per averment contained in the supplementary affidavit which is filed today, it is reflected that with regard to the same property, the petitioner has filed original suit no. 600 of 2014 Lal Bahadur Vs. Gaon Sabha and another in the year 2014, which is still pending before the civil court.
Once, the petitioner has already availed alternative remedy, in such a situtation, it would not be appropriate to issue any direction by this Court in the present petition and in case, the petitioner has any urgency in the matter, he is at liberty to agitate his claim for according injunction.
With aforesaid observation, this petition is finally disposed of.
Order Date :- 5.4.2018 A.K.Srivastava
2 issues framed by the court
Whether a writ petition can be entertained when the petitioner has already pursued alternative remedies in civil and revisional courts.
Whether the petitioner has exhausted alternative remedies by filing a pending original suit and seeking an injunction.
1 provisions across 1 enactments
Lal Bahadur Tiwari
State Of U.P.
Mahesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
