Petitioners sought writs to restrain land conversion and direct decision on representations. The court held the writ petition was not maintainable as the petitioners had filed an original suit on the same matter. The petition was dismissed.
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Court No. - 46
Case :- WRIT - C No. - 2399 of 2019
Petitioner :- Guljar And 22 Others Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Pramod Kumar Maurya,Girish Chandra Maurya
Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Saral Srivastava,J.
Heard Sri Pramod Kumar Maurya, learned counsel for the petitioners and Sri Rajesh Kumar, learned Standing Counsel for the State.
The petitioners by means of the present writ petition, have prayed for following reliefs:-.
"A. Issue a writ, order or direction in the nature of mandamus directing the respondents no.2 & 3 to restrain the respondent no.5 to not change the nature of the plot no.464 (banjar land) to Abdul Hameed Park and not create hindrance in peaceful physical possession of the petitioners over the plot no.464 area 0.3240 hectare is recorded inu revenue record as banjar land situated in village Badahariya, Mauza Bhathat, Tappa Patara, Pargana Haveli, Tehsil Sadar, District Gorakhpur without adopting due procedure of law.
B. Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to decide the representations dated 28.12.2018 and 30.12.2018 moved by the petitioners expeditiously within stipulated period as fixed by this Court."
This Court on 08.02.2019 directed the learned Standing Counsel to seek instructions in the matter. The instructions is taken on record.
On the basis of instructions, learned Standing Counsel states that with regard to same relief, the petitioners have also filed original suit no.59 of 2018 before the Civil Judge (Junior Division), Gorakhpur.
As the petitioners are availing the remedy of suit, the writ petition is not maintainable. Accordingly, it is dismissed.
Order Date :- 23.4.2019 S.Sharma
1 issue framed by the court
Whether the writ petition regarding land possession is maintainable when an original suit is pending.
Guljar And 22 Others
State Of U P And 4 Others
Saral Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
