Court No. - 36 Case :- WRIT - C No. - 36882 of 2010 Petitioner :- Dinesh Kumar Jaiswal And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Sunita Sharma Respondent Counsel :- C.S.C,Q.H. Siddiqui Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
Prayer in this petition is for a direction to the respondents no.1 and 2 to ensure
that respondent no.5 may not raise any construction.
On perusal, it appears that respondent no.5 is private respondent and for the
the relief sought in this petition , a civil suit is also pending between the
parties.
In view of above, writ as prayed cannot be issued. The remedy available to
the petitioner lies in the Civil Court where a civil suit is already pending for
the purpose.
In view of above, this Court declines to issue writ as prayed. The writ petition
fails and is dismissed.
However, it is always open to the petitioner to move appropriate application
before the competent Court for early disposal of the matter.
Order Date :- 29.6.2010
Shahid