Filed seeking mandamus to recover lease property. Court declined to adjudicate the land identity dispute under writ jurisdiction, advised civil remedies, and disposed of the petition.
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Court No. - 35
Case :- WRIT - C No. - 14730 of 2020
Petitioner :- Jang Bahadur Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manoj Kumar Pandey Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant petition has been filed for a mandamus directing the State authorities to take action against private respondent no. 5 for his alleged unlawful attempts in encroaching the lease property of the petitioner, bearing Arzai No. 916M0 and 914Kha situated at Village Kachhara, Pargana Mahul, Tehsil Phoolpur, District Azamgarh.
A perusal of the averments made in the writ petition reveals that there appears to be a dispute relating to identity of the land in respect of which the petitioner is having patta and abadi land of private respondent no. 5. We therefore decilne to enter into these issues in exercise of writ jurisdiction, but at the same time, leave it open to the petitioner to avail civil remedies available under law, if so advised.
The petition is disposed of accordingly.
(Dr. Y.K. Srivastava,J.) (Manoj Kumar Gupta,J.) Order Date :- 30.9.2020 Jaideep/-
2 issues framed by the court
Whether the Court should adjudicate the dispute regarding the identity of land claimed by the petitioner and private respondent.
Whether the petitioner can be directed to pursue civil remedies for the land dispute within writ jurisdiction.
Jang Bahadur
State Of U.P.
4 Others
Manoj Kumar Gupta
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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