The High Court dismissed a writ petition challenging the illegal construction of a road over private property.
Writ petition dismissed without expressing opinion on merits; no prejudice to petitioner's right to seek remedy elsewhere.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 21
Case :- WRIT - C No. - 9931 of 2019
Petitioner :- Smt. Kuraisha Khatoon And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohammad Saleheen Ansari Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioners claim that they are owner of Plot Nos.730 and 734 area 0.5460 hectare situated in Village Baradih Lawaipatti, Pargana Sikanderpur, Block Nagra, District Ballia. The grievance of the petitioners is that the respondents are illegally constructing a public road over their property.
From the record we find that for the same cause of action the petitioners have instituted Original Suit No.1466 of 2018, wherein an interim injunction has also been granted in their favour.
In view of the above, we do not find it a fit case to interfere under Article 226 of the Constitution of India. Hence, we decline to interfere in the matter. It is open to the petitioners to move an appropriate application before the appropriate Court.
Accordingly, without expressing any opinion on the merits of the case, the writ petition is dismissed. However, we may make it clear that the dismissal of this writ petition shall not cause any prejudice to the interest of the petitioners, if they seek any remedy elsewhere.
Order Date :- 26.3.2019 Jitendra
1 issue framed by the court
Whether the High Court can exercise discretionary jurisdiction under Article 226 to interfere in a land acquisition dispute where a civil suit is already pending.
1 provisions across 1 enactments
Smt. Kuraisha Khatoon
Another
State Of U.P.
4 Others
Pradeep Kumar Singh Baghel
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
