High Court dismissed writ petition. Held that dispute over private property and right to construct requires civil suit. Writ cannot entertain proprietary disputes.
Writ petition dismissed with observation that civil suit is the appropriate remedy.
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Court No. - 39
Case :- WRIT - C No. - 19210 of 2018
Petitioner :- Dev Narayan Tiwari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rang Nath Pandey,Rahul Pandey Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
The grievance of the petitioner is that private respondent Nos. 4, 5 and 6 are not permitting the petitioner to raise constructions on a land which he alleges belongs to him.
If that be so, it is for the petitioner to institute a suit in a Court of competent jurisdiction. A Writ Petition under Article 226 of the cannot be entertained.
The Writ Petition is, accordingly, dismissed with the aforesaid observation.
Order Date :- 28.5.2018 Akram
(Dilip Gupta,J.)
(Neeraj Tiwari,J.)
1 issue framed by the court
Whether a writ petition is maintainable when the grievance involves dispute over private land and right to construct.
Dev Narayan Tiwari
State Of U.P.
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
