The petitioner sought a writ of mandamus for removal of illegal construction. The High Court held the petition non-maintainable as the petitioner could seek the same relief, including an injunction, before the competent civil or revenue court under an order of interim injunction.
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.
Neutral Citation No. - 2023:AHC:212772-DB
Court No. - 40
Case :- WRIT - C No. - 34007 of 2023
Petitioner :- Savitri Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kanhaiya Lal Tiwari Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
Order Date :- 6.11.2023 NLY
Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether the writ petition for mandamus seeking removal of illegal construction is maintainable when relief is already pending before the civil court.
Whether the relief of injunction should be sought via the writ petition or through Order XXXIX Rule 2A CPC before the competent court.
Savitri Devi
State Of U.P.
Mahesh Chandra Tripathi
Prashant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
