The High Court held that a writ petition seeking relief available in a pending original suit under the Civil Judge cannot be entertained under Article 226 of the Constitution. The petition was dismissed without prejudice to the petitioner's civil suit.
Petition sought to restrain payment of compensation; dismissed.
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Court No. - 9
Case :- WRIT - C No. - 1788 of 2021
Petitioner :- Chandra Datt Sharma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rakesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Suresh Singh
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
Shri Rakesh Kumar Srivastava, learned counsel appears for the petitioner.
Learned Standing Counsel appears for the State respondents.
The petitioner by way of present petition seeks following relief:-
"(I) Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 and 3 not to pay additional compensation of 64% to respondent no. 4 to 6.
(II) Issue a writ order or direction in the nature of mandamus directing the respondent no.3 to refer the matter u/s 30 of the Land Acquisition Act, during the pendency of the writ petition.
(III) Issue a writ order or direction in the nature of mandamus commanding the respondent no.4 to deposit the compensation already received by him before respondent no.3."
In paragraph 8 of the petition, it is stated by the petitioner that he has instituted Original Suit no. 2068 of 2019 at the court of Civil Judge (S.D.), Gautam Budh Nagar for restraining the defendants not to give compensation to private respondents with regard to property in question. Since the petitioner has already approached the civil court for redressal of the grievances as sought in the present petition, we are not inclined to entertain the petition under Article 226 of the Constitution for the same relief.
Petition fails and is dismissed .
However, dismissal of petition will not prejudice the cause of the petitioner in the civil suit.
Order Date :- 25.1.2021 Kirti
(Jayant Banerji, J) (Sanjay Yadav, J)
2 issues framed by the court
Whether a writ petition under Article 226 can be entertained where the petitioner has already approached a civil court for the same relief.
Whether the High Court should issue a direction to restrain payment of additional compensation or deposit compensation already received.
2 provisions across 2 enactments
Chandra Datt Sharma
State Of U.P.
Others
Sanjay Yadav
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
