The High Court dismissed a writ petition seeking direction to decide an application under Section 176 of U.P. ZA & LR Act, holding that the matter is moot pending a civil suit where an interim injunction has already been granted.
Writ petition dismissed; petitioners directed to approach the Civil Court.
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Court No. - 18
Case :- WRIT - C No. - 14667 of 2018 Petitioner :- Mool Chandra and another Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Vinod Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Vinod Singh, learned counsel for the petitioners and Shri S.P. Srivastava, learned Standing Counsel for the State respondents.
The petitioners are assailing the order impugned dated 23.3.2018 passed by the second respondent, Sub Divisional Magistrate/Assistant Collector, 1st Class Baberu, District Banda to the extent of denial of granting relief on their application dated 16.6.2018, arising out of proceeding under Section 176 of U.P. ZA & LR Act, Village Para Bannu Begam, Tehsil Baberu, District Banda and for direction to the second respondent to decide their application dated 16.3.2018 in accordance with law.
Record in question reflects that the petitioners have proceeded to file a Civil Suit No.168 of 2014 (Mool Chandra and others vs. Mata Prasad and others) alongwith injunction application under Order 39 Rule 1 and 2 of C.P.C. and learned Civil Judge (Senior Division), Baberu, District Banda passed an order dated 7.11.2014 restraining the respondents from raising any constructions over the land in dispute.
Once the civil suit in question has been filed and the nterim injunction has been granted, then there is no reason or occasion for this Court to entertain the writ petition in question in the format as it has been filed and the issues that are being raised before this Court certainly can be agitated by the petitioner before the Civil Court.
Accordingly, the writ petition is dismissed.
Order Date :- 24.4.2018 RKP
2 issues framed by the court
Whether a writ petition challenging an order under Section 176 of U.P. ZA & LR Act is maintainable when a civil suit restraining construction over the land is already pending.
Whether the High Court should entertain this writ petition when interim injunction under Order 39 CPC has been granted by the Civil Court.
2 provisions across 2 enactments
Mool Chandra and another
State of U.P.
Sub Divisional Magistrate/Assistant Collector
Mahesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
