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Ismail Khan v. Commissioner Chitrakoot Dham Mandal Banda & Others - WRIT - C No. 7418 of 2002 [2007] RD-AH 12333 (19 July 2007)


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).


Hon'ble Anjani Kumar, J.

Hon'ble Sabhajeet Yadav, J.

Heard learned counsel for the petitioner.

The petitioner, by means of this writ petition has prayed for the following reliefs :-

(i) a writ, order or direction in the nature of certiorari quashing the judgments and orders dated 28-4-97, 14-1-2000 & 11-1-2002 (Annexure no.2, 4 & 6) passed by respondents no.3, 2 and 1 respectively;

(ii) a writ, order or direction in nature of mandamus commanding the respondents not to demolish the house  of the petitioner in pursuance of the impugned orders dated 28-4-97, 14-1-2000 & 11-1-2002;

(iii) Any other writ, order or direction which this Hon'ble Court may deem fit and proper in the interest of justice; &

(iv) to award cost.

The order passed by the prescribed authority and affirmed by the revisional authority, Commissioner, clearly demonstrates the findings arrived at by both the authorities that the petitioner has no title over the plot in dispute and therefore the petitioner is held to be an unauthorized occupant. The petitioner was, therefore, directed to be evicted and an order of demolition was passed accordingly. Learned counsel for the petitioner submitted that the findings recorded by the authorities below are not correct. Be it as it may be, we cannot go into this disputed question of fact and sit in appeal against the order passed by the authorities below. To us it appears that the petitioner has an efficacious remedy of filing civil suit.

In this view of the matter the writ petition is dismissed on the availability of statutory remedy of filing suit.

Dt: 19.7.2007.

mhu - 7418/02


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