The High Court dismissed a writ petition filed by a Dargah seeking direction against demolition and eviction. The Court held that the matter falls under civil proceedings and is not fit for writ jurisdiction under Article 226 of the Constitution.
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. - 1695 of 2021
Petitioner :- Dargah Mubarak Khan Saheed Waqf No. 151 Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narayan Dutt Shukla,Dinesh Kumar Yadav,Rituvendra Singh Nagvanshi,Sr. Advocate R.C. Singh Counsel for Respondent :- C.S.C.,Ashok Kumar,K.R. Singh
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner and Shri K.R. Singh, learned Addl. Chief Standing Counsel. Shri Ashok Kumar has accepted notice on behalf of respondent nos.2 and 3.
The petitioner is before this Court for a direction to the respondents not to demolish the petitioner's construction and evict him from Idgah, the full description of which is given in the map, which forms part of the judgment and decree dated 3.9.1963 and further assailing the validity of impugned action of demolition dated 29.12.2020.
The Court has proceeded to examine the record in question and find that in pith and substance the petitioner has asked for execution of the judgment and decree dated 3.9.1963. The disputed questions of facts have been raised to be adjudicated under Art.226 of the Constitution of India. The remedy of petitioner lies to file civil suit before the court concerned and make prayer for grant of injunction, that would be tested on the parameters of prima facie case, balance of convenience and irreparable loss. The petitioner can also file execution of the aforesaid decree. In view of this, prayer made by the petitioner certainly cannot be accorded by us.
Writ petition, as it has been framed and drawn, is dismissed , accordingly.
Order Date :- 10.2.2021 SP/
Dargah Mubarak Khan Saheed Waqf
State Of U.P.
Mahesh Chandra Tripathi
Sanjay Kumar Pachori
As recorded by the court registry
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