Writ petition filed by a housing society seeking direction to Nagar Nigam not to interfere with disputed plots. The court held that the dispute is best adjudicated in a civil suit, granting no writ relief.
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Court No. - 34
Case :- WRIT - C No. - 12847 of 2020
Petitioner :- Sri Krishna Sahkari Awas Samiti Limited Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Kumar Shukla Counsel for Respondent :- C.S.C.,Sahab Tiwari
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.
It appears that there is some dispute of ownership of the plots owned by the petitioner-Society with that of Nagar Nigam.
The prayer made in the writ petition to issue a direction to the respondent, Nagar Nigam not to interfere over the plots of the petitioner-society, cannot be granted, inasmuch as, the proper relief can only be given in a proper suit to be filed by the petitioner before the Civil Court.
The writ petition is, accordingly, dismissed.
Order Date :- 25.11.2020 sfa/
2 issues framed by the court
Whether the writ petition seeking direction to Nagar Nigam not to interfere in ownership dispute can be granted.
Whether the proper forum for resolving ownership dispute between society and Nagar Nigam is the Civil Court.
Sri Krishna Sahkari Awas Samiti Limited
State Of U.P.
Nagar Nigam
Sunita Agarwal
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
