Court No. - 2 Case :- WRIT - C No. - 68549 of 2009 Petitioner :- Ashok Kumar Agrawal Respondent :- Collector/City Magistrate Allahabad & Ors. Petitioner Counsel :- Krishna Bihari Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard, learned counsel for the petitioner.
By this petition, petitioner has prayed for a mandamus directing the
respondent nos. 1 and 2 to take appropriate measures in considering the
representations of the petitioner in accordance with law. It has further been
stated that a mandamus be issued commanding the respondents to take
appropriate steps restraining the respondents from selling, transferring or
alienating the land in question.
Petitioner’s case in the writ petition is that a suit has already been filed by the
petitioner being Suit No. 48/2003 in which injunction was sought. It is further
submitted that the writ petition no. 1204/2008 has been filed by the
respondents arising out of suit no. 48/2003 which is pending in the civil
court. The petitioner having already filed a suit for injunction which is
pending, we fail to see how the writ petition praying for the aforesaid relief
can be entertained. It is open for the petitioner to seek the relief in the pending
suit or in the pending writ petition. This writ petition cannot be entertained.
Writ petition is dismissed accordingly.
Order Date :- 5.1.2010
SB