Ravindra Singh vs State Of U P And Others

Court No. - 34

Case :- WRIT - C No. - 34119 of 2015 Petitioner :- Ravindra Singh Respondent :- State of U.P. and others Counsel for Petitioner :- Pankaj Dubey Counsel for Respondent :- C.S.C.,Shivam Yadav

Hon'ble Sudhir Agarwal,J. Hon'ble Ajit Kumar,J.

1. Sri Pankaj Dubey, Advocate, for petitioner and Saurabh Yadav, Advocate, holding brief of Sri Shivam Yadav, Advocate, for respondent-3.

2. Admittedly, possession of land of petitioner has been taken by respondents. This writ petition has been filed seeking a mandamus commanding the respondents not to interfere in the peaceful possession of petitioner's part of land comprising of Khasra No. 197, Village Wajidpur, Pergana and Tehsil Dadri, District Gautam Budh Nagar.

3. Once the possession has already been taken, the relief sought in the writ petition has rendered infructuous. Even otherwise, remedy lies to petitioner in common law by filing a suit for injunction either for restraining the authorities from taking possession or for restoration of possession of land in dispute.

4. The writ petition is, accordingly, dismissed on the ground of alternative remedy.

Order Date :- 7.11.2017 PS