Dismissed

Kushma Devi and 5 Others v. Govt of U P and 2 Others

Allahabad HC29 Sept 2020WRIC/14187/2020

Case brief

AI extract

What is this about?

The Court held that the main dispute between the parties regarding title and possession of immovable property is already sub judice in a pending civil suit. Consequently, the matter was not examined in writ jurisdiction.

What did the court decide?

The writ petition is disposed of on the ground that the dispute is already pending in civil court; no ad interim relief granted in writ remedy.

Kushma Devi and 5 Others Vs Govt of U P and 2 Others — Property and Title | Allahabad HC (2020)

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Court No. - 35

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Case :- WRIT - C No. - 14187 of 2020

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Petitioner :- Kushma Devi And 5 Others Respondent :- Govt Of U P And 2 Others Counsel for Petitioner :- Pramod Kumar Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.

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The instant writ petition has been filed for a mandamus commanding the Nagar Ayukt, Nagar Nigam, Firozabad, the second respondent, to implement the order dated 18.4.2020 passed by the District Magistrate, Firozabad. A further prayer has been made for a direction to the State Government to dismiss the District Magistrate and the Pariyojana Prabandhak, Nirman Ekai, U.P. Jal Nigam who had allegedly assisted in embezzlement and further direct them to compensate the petitioner to an extent of Rs.20 lacs.

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The case of the petitioners is that the State-respondents had illegally purchased certain land belonging to the private respondent No.3 Jaswant Singh for execution of a scheme under Namami Gange Pariyojana/Sewer Pumping Station. It is alleged that the land was purchased at excessive price resulting in loss to the State Exchequer. It is also alleged that an enquiry was held on the direction of the Governor and in which the irregularities committed, have come to the light. It is also the case of the petitioners that in executing the said scheme, the State-respondents are illegally interfering in the possession of the petitioners, who are owners of the adjoining land and it is for the said reason that the petitioners had also prayed for compensation from the State Government.

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After going through the assertions made in the writ petition, we find that the petitioners are primarily aggrieved on account of the alleged interference by the State-respondents in the possession of the petitioners over the land which they claim to be their own. It also appears that the petitioners had already instituted a civil suit against the State-respondents as well as the private respondent Jaswant

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Singh for permanent injunction restraining them from taking possession of any part of the land belonging to the petitioners while constructing the sewer pumping station. It is alleged that from 16.8.2020, the State-respondents had started raising constructions.

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Having regard to the above facts, we are of the considered opinion that the main dispute between the parties is in respect of title and possession over the immovable property and for redressal of which, civil suit at the behest of the petitioners is already pending. If the petitioners are feeling aggrieved by the construction activities being undertaken by the State-respondents over the land which they claim to have purchased from respondent No.3 but in respect of which the petitioners claim their title, they are free to apply for ad interim injunction in the pending suit. In case any application in that regard is already pending, the petitioners are free to press the application. However, we do not consider it a fit case to be examined in exercise of writ jurisdiction, particularly in view of the fact that the civil suit is already pending between the parties.

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The petition is accordingly disposed of with the above observations.

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(Dr. Yogendra Kumar Srivastava, J.)

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Order Date :- 29.9.2020 skv

Kushma Devi and 5 Others v. Govt of U P and 2 Others

Case brief

What is this about?

What did the court decide?

Kushma Devi and 5 Others v. Govt of U P and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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