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2025 DAILYLAW 147395 (ALL)

ANIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. AND 6 OTHERS

WRIC/6040/2025 · 2025-06-25

Alok Mathur, Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36378-DB Court No. - 2 Case :- WRIT - C No. - 6040 of 2025 Petitioner :- Anil Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. And 6 Others Counsel for Petitioner :- Kiran Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. Heard Ms. Kiran Vishwakarma, learned counsel for the petitioner and learned Standing Counsel on behalf of the respondent State. In the light of the proposed order, notice to private respondent is dispensed with. The payer made in the present writ petition is for a direction to restrain the State respondent nos.6 and 7 from interfering into the possession of the petitioner from land of Gata No.1701 M area 0.032 hectare situate at Village Gosaisinghpur, Pargana Aldemau, Tehsil Jaisinghpur, District Sultanpur and further a prayer has been made restraining them not to demolish the aforesaid house. It has been said that with regard to the said dispute, the petitioner has already filed a civil suit before the court of Civil Judge (Junior Division), Court No.15, Sultanpur for permanent injunction being Original Suit No.218/2015. It has been stated that an application for temporary injunction has also been filed but no order has been passed in favour of the petitioner and consequently the present writ petition has been filed. This court is of the considered view that once the petitioner has exercised his legal remedy as prescribed in law by filing a civil suit, and has subjected himself to the jurisdiction of the competent court then it is the court itself which is fully empowered to consider the grievance of the petitioner and pass appropriate orders thereof. Mainly because the injunction application has not been considered, the petition in the nature which has been filed by the petitioner before this Court under Article 226 of the Constitution of India, this court would not arrogate the said proceedings to itself and decide the application which has been preferred by the petitioner in the suit proceedings. In light of the above, we find that the petitioner has adequate remedy which he has already exercised and should pursue the said remedy before the competent court and for the aforesaid reasons, we are not inclined to exercise extraordinary jurisdiction under Article 226 of the Constitution of India. Accordingly, the petition is dismissed. (Arun Kumar Singh Deshwal, J) (Alok Mathur, J) Order Date :- 25.6.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench