Dismissed

Sharwara and Another v. State of U.P. and 12 Others

Allahabad HC22 Jan 2021WRIC/975/2021

Case brief

AI extract

What is this about?

Held that as the dispute between petitioners and private respondents is purely private and pending before Civil Court, it is not necessary to accord any relief under writ jurisdiction as matters can be looked into by court below.

What did the court decide?

Writ petition disposed of with direction that private dispute to be looked into by court below and common law remedy under CrPC to be invoked if necessary.

Sharwara and Another Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 21

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Case :- WRIT - C No. - 975 of 2021

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Petitioner :- Sharwara And Another Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Adya Prasad Tewari Counsel for Respondent :- C.S.C.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.

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Heard learned counsel for the petitioners and learned Standing Counsel for the State respondents.

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Petitioners are before this Court with the request to command the respondent authorities to make necessary endeavours to maintain the peace on spot by restraining the private respondents to make any hurdle in peaceful construction of the petitioners' house bearing no.29K situated at Mohalla Bahrampur, Tappa, District Gorakhpur.

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The dispute inter-se petitioners and private respondent is a purely private dispute. It appears that petitioners have already preferred Suit no.601/2020 and Suit no.530/2020 before the Civil Judge (J.D.), Gorakhpur against the private respondents and the same is still pending consideration.

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The Code of Civil Procedure, 1908 is a self contained act. All the grievances raised by the petitioners can be very well looked into, examined and remedied by the court below. So far as this Court is concerned under discretionary jurisdiction under Article 226 of the Constitution of India is not inclined to accord any relief as has been claimed for and the same is liable to be pressed before the court below. We also make it clear that in case an incumbent is trying to take law into his own hand, then the common law remedy is to be invoked by the petitioners as is provided for under Code of Criminal Procedure.

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With these observations, the writ petition is disposed of.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 22.1.2021 A. Pandey

Sharwara and Another v. State of U.P. and 12 Others

Case brief

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Sharwara and Another v. State of U.P. and 12 Others

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