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Allahabad High Court
Nand Lal vs State Of U.P. & Others on 29 January, 2010
Court No. - 2

Case :- WRIT - C No. - 1690 of 2010

Petitioner :- Nand Lal
Respondent :- State Of U.P. & Others
Petitioner Counsel :- D.K. Tripathi
Respondent Counsel :- C.S.C.

Hon'ble Ashok Bhushan,J.

Hon’ble Bala Krishna Narayana,J.

Heard learned counsel for the petitioner.

By this writ petition, the petitioner has prayed for a mandamus
commanding and directing the respondents No. 2 & 3 to decide the
claim of the petitioner within stipulated period. Further, a direction
be issued to the respondents No. 2 & 3 to decide the representation
of the petitioner dated 16.11.2008 (Annexure No.6).

From the perusal of the materials brought on record, it appears that
there was a dispute under Section 145 Cr.P.C., in which possession
of the first party was declared. However, it appears that the
petitioner could not get the possession and he had made an
application before the executive authorities to get the possession
through Police Force. Petitioner has come up in the writ petition
for aforesaid relief. We are of the view that for the aforesaid relief
of possession, which is sought in the writ petition, appropriate
remedy available to the petitioner is to institute a suit in a
competent court for aforesaid relief.

With aforesaid direction, the writ petition is disposed of.

Order Date :- 29.1.2010
NS


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