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Devendra Kumar Sharma v. State Of U.P. Thru' Collector Bulandshahar And Others - WRIT - A No. 35211 of 2006  RD-AH 11238 (11 July 2006)
Civil Misc. Writ Petition No.35211 of 2006
Devendra Kumar Sharma vs. State of U.P. and others
The grievance of the petitioner is that he was tenant in an accommodation on behalf of respondent no.2- Durjan Singh who forcibly evicted him on 28.6.2006 and in this regard some police officers also illegally helped respondent no.2. It has also been stated that sensing the evil design of respondent no.2 petitioner had already filed O.S. No. 744 of 2005 seeking injunction and in the said suit a temporary injunction was granted in favour of the petitioner by Civil Judge (S.D.), Bulandshahar on 30.5.2006 which was to remain in operation till 30.6.2006.
If petitioner has been evicted inspite of temporary injunction order which was within the knowledge of defendant/respondent no.2 then petitioner is entitled to apply for delivery of possession in the suit itself. In this regard reference may be to the judgment of this court reported in Hari Nandan Agarwal vs. S.N.Pandita & Others A.I.R. 1975 Allahabad 48.
Through this writ petition a prayer has been made for issuing a writ of mandamus against the respondent for immediate delivery of possession to the petitioner of the accommodation in dispute.
In my opinion proper remedy for the petitioner is to apply for the said relief in the suit itself which is pending (O.S. No.744 of 2005).
Learned counsel for the petitioner has shown a copy of an application dated 3.7.2006 which has been filed by the petitioner before the trial court for restoration of possession. The said application shall be decided very expeditiously.
Accordingly, writ petition is dismissed on the ground of alternative remedy alone.
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