Petitioner faced eviction of land while a civil suit with an interim injunction against a private party was pending. Petitioner sought writ relief against eviction and representation non-decision. Court found no justification to interfere and dismissed the petition.
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Court No. - 32
Case :- WRIT - C No. - 23577 of 2019
Petitioner :- Rajendra Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shriprakash Shrivastava Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed, interalia, for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to compliance the order dated 24.06.2019 passed by respondent no. 2 (Annexure No. 1).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to not evict the petitioner of the aforesaid land and restore the possession of the petitioner in the light of the order passed by Civil Judge (J.D), Kasya, District Kushi Nagar.
(iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to decide the representation filed by the petitioner on 15.06.2019 (Annexure No. 5)."
Heard learned counsel for the parties and perused the material available on record.
The grievance of the petitioner is that the respondent no. 6 is encroaching on the land of the petitioner. Perusal of the record reveals that the petitioner has filed a civil suit against the private party wherein interim injunction has already been granted in favour of the petitioner. It is notable that the Tourism Department has also lodged the
F.I.R against the petitioner.
Considering the facts and circumstances of the case, we do not see any justification to interfere in the matter.
The writ petition is accordingly, dismissed. Order Date :- 22.7.2019 Arun
1 issue framed by the court
Whether the writ court is justified in interfering with the eviction matter when a civil suit regarding land has already been filed.
Rajendra Singh
State Of U.P.
Shashi Kant Gupta
Saurabh Shyam Shamshery
As recorded by the court registry
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