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Anil Kumar Sharma v. New Okhla Industries Development Authority & Another - WRIT - C No. 31144 of 2002 [2005] RD-AH 2516 (8 September 2005)


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Court No.37

Civil Misc. Writ Petition No. 24083 of 2003

Anil Kumar Sharma  vs. New Okhla Development Authority, Gautam Buch Nagar and others.


Civil Misc. Writ Petition No. 31144 of 2002

Anil Kumar Sharma  vs. New Okhla Development Authority, Gautam Buch Nagar and another.

Hon'ble R.K.Agrawal, J.

Hon'ble (Mrs.) M. Chaudhary, J.

By means of the present writ petition under Article 226 of the Constitution of India the petitioner is seeking a writ, order or direction in the nature of certiorari quashing the order dated 5th January, 2000 passed by the Assistant General Manager (Residental) New Okhla Development Authority, district Gautam Budh Bagar- respondent no.2, filed as Annexure 4 to the writ petition and notice dated 19th July, 2002, filed as Annexure 10 to the writ petition. The petitioner further prays for a writ of mandamus directing the respondents to restore the possession of the petitioner and his family over the plot in dispute and not to interfere in the possession of the petitioner except in accordance with law. From the records of the writ petition and the averments made in paragraph 7 of the writ petition we find that the petitioner has already instituted a suit in the court of Civil Judge (Senior Devision), Gautam Budh Nagar being Original Suit No. 42 of 2000 in which the order dated 5th January, 2000 and other subsequent orders are sought to be declared illegal, null and void.

As the petitioner is pursuing the remedy by way of filing a suit he cannot be permitted to take recourse of writ jurisdiction, under Article 226 of the Constitution of India as it amounts to permit the petitioner to pursue two parallel remedies which is not permissible under law. The writ petition is dismissed on this ground alone. The interim order stands vacated.




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