Petition for writ of mandamus seeking eviction was dismissed on the ground of alternative remedy as the dispute was of civil nature.
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Court No. - 34
Case :- WRIT - C No. - 21428 of 2019 Petitioner :- Deepak Kakkar and another Respondent :- State of U P and 4 others Counsel for Petitioner :- Arvind Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Arvind Srivastava, learned counsel for petitioners and learned Standing Counsel for the State.
2. Sole prayer made in this petition is that mandamus may be issued directing the respondents to vacate the premises of petitioners situated at Khorabar, Jangal Sekari, deoria Road, District Gorakhpur occupyied by the respondents as trespasser.
3. It is submitted that respondents were granted lease of the Godown of the petitioners for a period of five years which, according to petitioners, has expired long back and respondents are supposed to vacate same.
4. Dispute between parties is of civil nature and remedy in such cases lies under common law, therefore, writ under Article 226 of the Constitution cannot be asked for in matters for which remedies under common law are available.
5. At this stage, counsel for petitioner has relied on Judgment of Supreme Court rendered in Union of India Vs. Susaka Private Limited and others, (2018) 2 SCC 182 but we do not find therein that any dispute with regard to eviction from the leased premises has been dealt with, hence, said Judgment would not apply on the facts of present case.
6. Petition is, accordingly, dismissed on the ground of alternative remedy.
Order Date :- 12.7.2019 Ram Murti
1 issue framed by the court
Whether writ jurisdiction is maintainable when an alternative civil remedy exists for eviction from leased premises.
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Union of India Vs. Susaka Private Limited and othersReferred¶8
Union of India Vs. Susaka Private Limited and others, (2018) 2 SCC 182 · Who else cites this
Deepak Kakkar
State of U P
Sudhir Agarwal
Rajeev Misra
As recorded by the court registry
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