Per curiam the writ petition seeking directions to repair a Kacha house was dismissed on the grounds of alternate remedy and lack of jurisdiction, as the dispute regarding landed property between the petitioner and private parties is a civil matter not adjudicable by this Court under Article 226 of the Constitution of India.
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Court No. - 32
Case :- WRIT - C No. - 23472 of 2018
Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Yadav,Ashish Jaiswal Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Rajiv Gupta,J.
This writ petition, inter alia, has been filed for the following relief;
"i. issue a writ order or direction in the nature of mandamus directing the respondents to permit the petitioner to repair the boundaries of his Kacha house situate in an old Abadi being arazi no. 299 mi area 0.150 hectare Village Suitha Tehsil Mariyahu District Jaunpur under category 6 (2) in terms of the direction issued by the authorities."
Heard learned counsel for the parties and perused the record.
The grievance of the petitioner is that private parties are causing interference in repairing work of his Kaccha house which had collapsed due to heavy rain.
A perusal of the record shows that the petitioner is having a dispute with the private parties over his house (Madha, a house made with earthen soil) situated at Abadi land, which fell down due to heavy seasonal rain. A civil suit was also allegedly filed by the private parties in this regard. Since the present disputes relates to the landed property between the petitioner and the private parties, it cannot be adjudicated upon by this Court in exercise of its powers conferred under Article 226 of the Constitution of India.
The writ petition is not maintainable and is, accordingly, dismissed on the ground of alternative remedy.
Order Date :- 16.7.2018
vinay
Vinod Kumar
State Of U.P.
Shashi Kant Gupta
Rajiv Gupta
As recorded by the court registry
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