Writ petition for injunction against eviction was dismissed as questions of land rights and possession are matters for civil court, not writ jurisdiction. This court refused to interfere.
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Court No. - 37
Case :- WRIT - C No. - 40541 of 2019
Petitioner :- Maya And 5 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Sanjay Pratap Singh,Shweta Singh Counsel for Respondent :- C.S.C.,Rohan Gupta
Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioners and Sri Pradeep Kumar Tripathi for the Kanpur Development Authority, Kanpur.
By means of this writ petition the petitioners have come to this Court with the prayer that the respondents may be restrained from evicting the petitioners from House No. 127/494, situate at Rakhi Mandi, Bara Devi, Juhi Colony, Kanpur.
In case the petitioners have any right over the land/house in question, they are at liberty to approach the civil court of competent jurisdiction for establishment of their right and can file a suit for injunction or declaration of their right, as the case may be. In writ proceedings these questions cannot be gone into.
Accordingly, the writ petition is dismissed.
Order Date :- 16.12.2019 Pkb/
(Ravi Nath Tilhari, J.) (Abhinava Upadhya, J.)
Maya And 5 Others
State Of U P And 2 Others
Abhinava Upadhya
Ravi Nath Tilhari
As recorded by the court registry
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