Mohd. Sharif and 4 Others v. State of U.P. Thru. Prin. Secy. Deptt. Development Govt. Civil Sectt. Lko and 2 Others

Court No. - 1 Case :- WRIT - C No. - 10398 of 2023 Petitioner :- Mohd. Sharif And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Development Govt. Civil Sectt. Lko And 2 Others Counsel for Petitioner :- Aditya Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

¶1Heard learned counsel for the petitioners and learned Standing Counsel for the State.

¶2Rights of the parties vis-a-vis the petitioners are subjudice in Regular Suit No. 172 of 1989.

¶3It is thus open to the petitioners to claim their rights on the basis of the agreement executed by the original lessee in the pending suit proceedings. Parallel proceeding that too under Article 226 of the Constitution of India having an adverse affect upon the suit proceeding may not lie.

¶4Thus, the writ petition is dismissed as non-maintainable. Liberty is open to the petitioners to participate in the pending suit proceeding. Order Date :- 6.12.2023 kanhaiya High Court of Judicature at Allahabad, Lucknow Bench