In a writ petition seeking injunction against eviction, the single judge held that determination of tenancy status falls within the domain of the Civil Court under Rent Control Act. Since an alternative remedy exists, no interference under Article 226 was warranted. The petition was disposed of.
NONE; liberty given to file suit in Civil Court.
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IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL
W.P. NO. 1071 (MS) OF 2004
Lal Singh
…………Petitioner
Versus
State and Others.
………….Respondents.
Hon’ble Rajesh Tandon, J.
Abdul Wahid, counsel for the petitioner has prayed for a writ of mandamus directing the respondents not to evict the petitioner through police force.
Briefly stated, the petitioner has submitted that he is a tenant of room no. 4 and using as a shop in Harihar Peeth Ashram Laxman Jhula, Haridwar at the rate of Rs. 850/-.
Petitioner has stated that he has made an application to the police authorities on 15th July, 2004 but the police authorities are not paying any attention to the application filed by the petitioner.
If the petitioner is a tenant, the proceedings under the Rent Control Act will be initiated against him. The petitioner has to prove that he is a tenant, the factual aspect can be looked into by the Civil Court not under Article 226 of the Constitution of India.
Liberty is given to the petitioner to approach the Civil Court by filing an injunction suit or take any other appropriate remedy. The
Police authorities may investigate into the matter, if the petitioner approaches to the police authorities.
No interference can be made under Article 226/227 of the Constitution of India as the alternative remedy being available to the petitioner of approaching the civil court.
In view of the aforesaid observation, the writ petition is
disposed of.
03.11.2004 P.S.R.
(RAJESH TANDON J.)
1 issue framed by the court
Whether the High Court can interfere under Article 226 to restrain police eviction of a tenant when alternative remedy of Civil Court is available.
LAL SINGH
STATE
RAJESH TANDON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
