Petitioner sought mandamus against State and others to restrain private respondent from obstructing land construction. Court held such disputes require remedies in Civil/Revenue Courts and disposed the petition.
None granted; petitioner advised to avail remedies before Civil/Revenue Courts.
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Court No. - 39
Case :- WRIT - C No. - 10903 of 2021
Petitioner :- Ram Kali Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pavan Kumar Srivastava Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
The instant petition has been filed praying for a mandamus commanding respondent Nos.2 and 3 to take action against the private respondent No.4 and restrain him from creating obstruction in raising constructions by the petitioner over a piece of land, said to have been allotted in her favour in the year 2006.
Learned counsel for the petitioner submitted that the private respondent is not permitting the petitioner to raise constructions on the ground of pendency of Writ Petition No.3081 of 2008 by his father. Copy of order passed in Writ Petition No.3081 of 2008, has not been annexed.
In any case, we do not propose to enter into enquiry as to why private respondent is obstructing in raising of constructions by the petitioner. It is open for the petitioner to avail remedies before Civil/Revenue Courts/Authorities.
The petition stands disposed off with the aforesaid liberty.
Order Date :- 3.9.2021 Nitin Verma
(Deepak Verma, J.) (Manoj Kumar Gupta, J.)
2 issues framed by the court
Whether the court should issue mandamus commanding respondents to take action against private respondent obstructing construction.
Whether the pendency of W.P. No.3081 of 2008 justifies obstruction in raising constructions by the petitioner.
Ram Kali
State Of U.P.
4 Others
Manoj Kumar Gupta
Deepak Verma
As recorded by the court registry
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