The High Court dismissed a writ petition seeking a direction to administrative authorities not to demolish a petitioners abadi. The Court held there was no reason to entertain the petition or intervene as a civil suit regarding the disputed land was already pending.
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Court No. - 38
Case :- WRIT - C No. - 2610 of 2019
Petitioner :- Savitri Chaturvedi Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Sanjeev Kumar Tyagi,Amresh Kumar Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri S.K.Tyagi, learned counsel for the petitioner and Sri Hari Keshav Singh, learned Standing Counsel appearing for the respondent nos.1 to 4.
By means of the present petition, the petitioner has sought a direction to the Sub-Divisional Magistrate Sadar Deoria and Circle Officer, Sadar Deoria not to demolish the abadi/construction of the petitioner.
It is admitted to the petitioner that in respect of the land in dispute, a Civil Suit No. 748 of 1995 (Savitri Chaturvedi Vs. Rameshwar) was filed and thereafter Civil Appeal No. 89 of 2009 is pending between the parties. The petitioner claims that an order of interim injunction is operating in her favour and alleging violation of the said order, an application under Order XXXIX Rule 2-A of the Code of Civil Procedure has been moved upon which notices have been issued. The petitioner submits that a representation with regard to dispute in question has been submitted before the District Magistrate, Deoria on 11.1.2019 and a prayer has been made for a direction to decide the said representation.
In view of the aforementioned facts, we find no reason to entertain the present petition or to issue any direction to the administrative authorities to interfere in a matter which is pending before the civil court.
The writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 1.2.2019 Pratima
(Dr. Y.K.Srivastava,J.) (Abhinava Upadhya,J.)
2 issues framed by the court
Whether the Court should entertain a writ petition challenging administrative action to demolish property where a civil suit regarding the same land is pending.
Whether the High Court should issue a direction to administrative authorities to interfere in a matter which is already pending before a civil court.
Savitri Chaturvedi
State Of U P
Abhinava Upadhya
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
