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RAHUL JAIN NEERAJ versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Rahul Jain Neeraj v. State Of U.P. And Others - WRIT - C No. 7129 of 2006 [2006] RD-AH 2844 (7 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

It is alleged by the petitioner that the school of his uncle is running on the part of Gata No. 355.  It is also alleged by the petitioner that the entire Gata No. 355 is permanent ownership/bhumidhari of the petitioner or his uncle, yet according to the petitioner the respondents no. 1 to 5 are trespassing upon vacant part of Gata No. 355 without acquiring the same and are trying to construct a Junior High School over that land.

If these allegations are correct it would amount trespassing or encroachment by the respondents for which remedy of civil suit for injunction including temporary injunction is available to the petitioner.

No good ground has been shown why the petitioner should be permitted to by-pass the normal remedy, and to approach this Court in its extraordinary writ jurisdiction.

In the circumstances, we decline to interfere in this matter with the clarification that the observations made above, will not influence the trial Court if any injunction suit is filed.

The writ petition is accordingly dismissed.  

Dated:07.02.2006

RCT/-7129/06/writ


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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