Petitioner sought a writ restraint of school disturbance pending a civil suit. Court dismissed the petition as wholly misconceived, noting interim relief is available in the civil court.
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Court No. - 19
Case :- WRIT - C No. - 15658 of 2018
Petitioner :- Lakhan Singh Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Santosh Kumar Srivastava Counsel for Respondent :- C.S.C.,Ashok Kumar
Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant writ petition is as follows : -
"(i) issue a writ, order or direction in the nature of mandamus directing the respondents to not disturb the petitioner to running the aforesaid school during the pendency of the Civil Suit No. 413 of 2002 pending before Civil Judge (Junior Division) Banda."
According to the petitioner, a civil suit is pending before the Civil Court and therefore, this Court should grant an injunction in favour of the petitioner.
The prayer made is wholly misconceived. It is always open to the petitioner to claim interim relief from the Court where the case is pending.
The writ petition is wholly misconceived and is dismissed.
(Manoj Kumar Gupta, J.)
Order Date :- 1.5.2018 AM/-
1 issue framed by the court
Whether the petitioner is entitled to a writ of mandamus to restrain disturbance of school running during pendency of a civil suit.
Lakhan Singh
State Of U.P.
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
