Allahabad High Court
Manoj Kumar Agarwal vs State Of U.P. And Others on 14 July, 2010
Author: Ram Autar Singh
Bench: Prakash Chandra Verma, Ram Autar Singh
Court No. - 34 Case :- WRIT - C No. - 39935 of 2010 Petitioner :- Manoj Kumar Agarwal Respondent :- State Of U.P. And Others Petitioner Counsel :- Piyush Dubey Respondent Counsel :- C.S.C.,D.S. Chauhan Hon'ble Prakash Chandra Verma,J.
Hon'ble Ram Autar Singh,J.
The grievance of the petitioner is that Nagar Palika, Vrindavan, Mathura has demarcated the construction of the petitioner for demolition.
According to petitioner the petitioner is the owner of the property in dispute and Nagar Palika has no right as the land was never acquired by it. Dispute raised in this writ petition is factual in nature as the same relates to the private right of the petitioner over the land in dispute. Considering the facts and circumstances of the case, without prejudice to the merits of the case, petitioner is relegated to avail the remedy available to him by filing a suit. However, it is provided that the suit shall be filed within a period of four weeks alongwith an application under order XXXIX Rule 1 and 2 C.P.C. and the competent court after receipt of the suit, shall dispose of the application filed under order XXXIX Rule 1 and 2 C.P.C. expeditiously, if possible, within a period of three months from the date of filing of the suit alongwith application under order XXXIX Rule 1 and 2 C.P.C. With the aforesaid observation, the writ petition is dismissed . No order as to costs.
Dated:14.7.2010 ssm