Allahabad High Court
Rajesh Jaiswal & Ors. vs Union Of India & Others on 1 February, 2010
Bench: Ashok Bhushan, Virendra Singh
Court No. - 2 Case :- WRIT - C No. - 1589 of 2010 Petitioner :- Rajesh Jaiswal & Ors. Respondent :- Union Of India & Others Petitioner Counsel :- Rahul Sahai,Harish Chandra Respondent Counsel :- Govind Saran Hon'ble Ashok Bhushan,J.
Hon'ble Virendra Singh,J.
Heard, learned counsel for the petitioner and Shri Govind Saran for the respondents.
By this petition, petitioner has prayed for a writ of mandamus directing the respondent authorities from raising a wall in Mohalla Jagdishganj, District Chitrakoot. Petitioners' case in the writ petition is that petitioners are residents of old colony and the Railway is proposing to construct a wall between the colony and the Railway Line. After hearing the learned counsel for the parties, we are of the view that the issues raised in the writ petition are issues of fact which requires evidence to be taken and adjudication of facts for which the appropriate remedy open for the petitioner is to institute a suit in a competent civil court.
With the aforesaid observation, writ petition is dismissed.
Order Date :- 1.2.2010 SB