Savitri Devi v. State of U.P. and 3 Others

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.

¶1Heard learned counsel for the petitioner and Sri Fuzail Ahmad Ansari, learned Additional Chief Standing Counsel for the State-respondents.

¶2The present writ petition is preferred for a mandamus commanding the respondents to remove the illegal construction.

¶3Learned Standing Counsel raises preliminary objection on the maintainability of the writ petition. Admittedly the petitioner is pressing relief under Section 116, Revenue Code, 2006. Moreover, the grievance of the petitioner is also that the injunction be accorded by the competent civil court. He submits the petitioner has already filed an application under Order XXXIX Rule 2A CPC, which will be decided by the competent civil court. He submits that the writ petition is not maintainable when the petitioner is already pressing the relief before the civil/ revenue court.

¶4Considering the facts and circumstances of the case, we are not inclined to entertain the writ petition. Needless to say, it is open to the petitioner to press the relief before the competent civil court/ revenue court.

¶6With these observations, the writ petition is disposed of. Order Date :- 6.11.2023 NLY High Court of Judicature at Allahabad