Writ petition seeking enforcement of an order and protection of land possession dismissed on the ground that a related civil suit is pending.
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Court No. - 3
Case :- WRIT - C No. - 8086 of 2021
Petitioner :- Shobha Ram Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Deependra Yadav Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State- respondents.
This writ petition has been filed with a prayer to direct the respondents to comply the order dated 24.07.2020 and not to interfere in the peaceful possession of the petitioner over the land of Araji No. 1447 measuring 1.979 Hectares situated in Village Lakhaura, Pargana and Tahsil Korawali, District Mainpuri, during pendency of the writ petition.
From the perusal of the instant writ petition, it appears that the petitioner has filed an Original Suit No. 728 of 2017 (Shobbha Ram Vs. Sunil Kumar and others) which is pending in the Court of Civil Judge (Jr. Div.), Mainpuri. The aforesaid suit has been filed by the petitioner for permanent injunction against respondent Nos. 5 to 8.
In view of the facts and circumstances as stated above, we do not find any good reason to entertain the writ petition as civil dispute is pending before the Civil Judge (Jr. Div.). Therefore, without expressing any opinion on the merit of the case, the writ petition is dismissed leaving it open for the petitioner to avail such remedy as may be available to him.
Order Date :- 28.6.2021 RPD
Shobha Ram
State Of U.P. And 7 Others
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
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