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2025 DAILYLAW 60426 (ALL)

DAMODAR SINGH v. STATE OF U.P. AND 2 OTHERS

WRIC/16203/2025 · 2025-05-19

Anish Kumar Gupta, Manoj Kumar Gupta

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:84167-DB Court No. - 21 Case :- WRIT - C No. - 16203 of 2025 Petitioner :- Damodar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Janardan Yadav,Vivek Kumar Pal Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The following reliefs have been prayed for by the petitioner in the writ petition: "i) Issue a writ order or direction in nature of Writ of Mandamus commanding the respondents authority not to disposes the petitioner over the Khasra No.197 situated at Shashtripura, Police Station Sikandara, District Agra. ii) Issue a writ order or direction in nature of Writ of Mandamus commanding the respondents to decide the petitioner's representation dated 01.02.2025." 2. Shri Vineet Pandey, learned counsel for the respondent-Development Authority submits that the petitioner has already instituted a civil suit (O.S. No.514 of 2022) in the court of Civil Judge, Senior Division, Agra against Agra Development Authority, Agra for permanent prohibitory injunction restraining ADA from interfering in the possession of the petitioner over the said property. He submits that in such circumstances, the instant writ petition is not maintainable. 3. Learned counsel for the petitioner does not dispute that civil suit filed by the petitioner on same cause of action is pending. 4. We are not inclined to permit the petitioner to simultaneously avail the remedy by way of writ petition under Article 226 of the Constitution, in view of pendency of civil suit. 5. The writ petition is, accordingly, disposed of with liberty to the petitioner to avail all reliefs including temporary injunction, if so advised, in the pending civil suit. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 20.5.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad