High Court of Judicature at Allahabad
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Ajay Kumar Bathwal v. D.M. & Others - WRIT - C No. 46745 of 1999  RD-AH 1614 (12 July 2005)
Hon'ble Amitava Lala,J.
Hon'ble Sanjay Misra,J.
The petitioner's grievance is against the action of the Magistrate in declaring the nazul land in favour of the respondent no.3 when the suit for declaration of share and injunction is pending. The fact reflects that petitioner's father is no more in this world. According to the petitioner in spite of bringing such fact before the Civil Court, no order was passed and as such he found and adviced that the writ petition under Article 226 of the Constitution of India is the proper remedy. According to us the other remedies were open either in the form of appeal or revision or an application under Article 227 of the Constitution of India. This is not the proper forum for adjudication of present dispute. Therefore, the writ petition stands dismissed. However, this order will not affect the right of the petitioner, if he chooses to raise the same in the Civil Court in the pending suit or proceedings.
No order is passed as to costs.
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