High Court of Judicature at Allahabad
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Smt. Shahida Khatoon v. D.J., & Others - WRIT - C No. 27569 of 2000  RD-AH 11903 (20 July 2006)
WP No. 27569 of 2000
HON'BLE YATINDRA SINGH, J
HON'BLE RK RASTOGI, J
1. This writ petition is for a direction to the respondents not to encroach upon the public land.
2. We have heard counsel for the petitioner and standing counsel for the respondents. Normally the writ petition is not maintainable where a civil suit or criminal proceeding ought to have been taken. The petitioner had filed an application before the District Judge during summer vacation for obtaining permission to file a suit. This application was rejected on the ground that there was no urgency, hence the present writ petition was entertained.
3. Summer vacations have come to an end. The petitioner can file a suit or application or take criminal proceeding. The writ petition is dismissed on the ground of alternative remedy. It is also made clear that in case the petitioner files any application then order dated 13.6.2000 will not come in way of the petitioner. With these observations the writ petition is dismissed.
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