Prem Singh and 4 Others v. State of U.P. and 5 Others

Court No. - 52 Case :- WRIT - C No. - 33659 of 2023 Petitioner :- Prem Singh And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jay Singh Yadav Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Saurabh Srivastava,J.

¶1Heard learned counsel for the parties and perused the record.

¶2This writ petition has been filed by the petitioners seeking a writ of mandamus restraining the respondents from constructing the road upon petitioners' land.

¶3As per own case of the petitioners, as pleaded in para-11 of the writ petition, they have already filed Civil Suit No. 19 of 2022 for redressal of their grievance. The said suit is stated to have been dismissed in default vide order dated 25.05.2022. It is stated the petitioners came to the knowledge of dismissal of the civil suit only on 29.08.2023 and thereafter could not file restoration application due to Advocate's strike.

¶4Pursuant to the earlier orders, learned Standing Counsel has received instructions, which is taken on record.

¶5On the basis of instructions received, learned Standing Counsel submits that starting from 30.08.2023, Advocate's strike ended on

30.09.2023. Although this petition was presented on 25.09.2023, but nothing has been brought on record till today by way of filing supplementary affidavit as to what steps were taken by the petitioners thereafter for restoration of their suit. I, therefore, find no reasons to entertain this petition without relegating the petitioners to avail the remedy available in law.

¶6In view of above, the present petition is disposed of. Order Date :- 17.11.2023 P.Sri. High Court of Judicature at Allahabad