The High Court of Judicature at Allahabad dismissed this writ petition, holding that directing the respondent to decide a complaint on a private immovable property dispute would serve no purpose as a civil suit on the same subject is already pending.
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Neutral Citation No. - 2024:AHC:195276-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
(Sl No.40)
Court No. - 21
Case :- WRIT - C No. - 41378 of 2024
Petitioner :- Padam Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Rohit Shukla Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan
Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The instant petition has been filed praying for a mandamus commanding respondent no.4 to decide the complaint of the petitioner dated 10.07.2023.
2. We have perused the complaint and we find that it is in connection with a private dispute relating to an immovable property. It also reveals that the petitioner has already instituted a civil suit against the private respondents in relation to same property and it is pending.
3. In this view of the matter we are of the opinion that no purpose would be served in directing respondent no.4 to decide the representation. We leave it open to the petitioner to seek all reliefs in the pending civil suit or by such other mode as may be advised.
4. The petition stands disposed of .
Order Date :- 12.12.2024 Shubham Arya
(Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.)
Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether to direct the respondent authority to decide a complaint regarding a dispute over immovable property where a civil suit is already pending.
Padam Singh
State Of U.P.
Manoj Kumar Gupta
Anish Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
