VIVEK VERMA AND ANOTHER v. NAGAR AAYUKT NAGAR NIGAM LKO. AND 5 OTHERS
WRIC/4439/2025 · 2025-05-09
Ajai Kumar Srivastava I, Attau Rahman Masoodi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139332 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139332 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27487-DB Court No. - 1 Case :- WRIT - C No. - 4439 of 2025 Petitioner :- Vivek Verma And Another Respondent :- Nagar Aayukt Nagar Nigam Lko. And 5 Others Counsel for Petitioner :- Vinay Kumar Singh,Manish Sahitya Counsel for Respondent :- Namit Sharma Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the petitioners and Sri Namit Sharma, learned counsel for respondent No.1- Nagar Nigam.
2. This writ petition has been filed by petitioners, namely, Vivek Verma and Shruti Chauhan Balmiki, seeking a writ of mandamus commanding the opposite parties to reconstruct the house of the petitioners in compliance of order dated 29.03.2025 passed by Civil Judge (SD) Malihabad, Lucknow contained as Annexure No.1 to this petition.
3. The proceedings regarding the same subject matter are pending before the civil court of competent jurisdiction in Regular Suit No.464 of 2025 wherein an interim injunction
order of status quo is also stated to have been passed on
28.02.2025. Due to non-compliance of the order passed by the trial court, the proceeding under Order 39, Rule 2A of the Code of Civil Procedure (CPC) are also stated to be pending.
4. Once the subject matter of the writ petition is subjudice before the competent civil court, simultaneous proceedings before this Court under Article 226 of the Constitution of India for a writ of mandamus would not lie.
5. The petitioner having availed the remedy before the competent civil court is at liberty to pursue the cause before the competent Court and parallel proceedings before this count would not be maintainable. The writ petition for the relief sought herein is dismissed without prejudice to the pending proceedings. (Ajai Kumar Srivastava-I, J.) (Attau Rahman Masoodi, J.)
Order Date :- 9.5.2025/Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench