Writ petition challenging demolition and possession of houses was dismissed as civil court is the appropriate forum for adjudicating rights over immovable properties.
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Chief Justice's Court
Case :- WRIT - C No. - 2821 of 2019
Petitioner :- Ruman Singh And 16 Others Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Rajeev Kumar Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
This petition for writ is preferred to have the reliefs as under:
" (i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 4 & 5 not to take illegal forceful possession and demolition of respective houses of the petitioners, situate at village Kachhapura (Naraich), Chaugan, Agra, Tehsil Sadar, District Agra;
(ii) issue a writ, order or direction in the nature of mandamus direct the respondent Authorities not to disturb in peaceful possession of the petitioners upon their respective houses situate at village Kachhapura (Naraich), Chaugan, Agra, Tehsil Sadar, District Agra. "
Having considered all facts of the case, we are of the view that the appropriate remedy available to the petitioners for adjudication of their rights relating to occupation over the land/immovable properties in question can be adjudicated in the better way by the Civil Court if the petitioners approach the same by way of filing a civil suit. In view of it, we are not inclined to interfere in the matter under Article 226 of the Constitution of India. The writ petition is dismissed. The petitioners are at liberty to avail appropriate remedy before the Civil Court.
Order Date :- 20.2.2019 VMA
(Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)
1 issue framed by the court
Whether Article 226 writ jurisdiction is maintainable for adjudication of rights relating to occupation over land/immovable properties?
1 provisions across 1 enactments
Ruman Singh And 16 Others
State Of U P And 4 Others
Govind Mathur
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
