Allahabad High Court
Harish Chandra Yadav And 3 Others vs State Of U.P. And 6 Others on 20 September, 2019
Bench: Sudhir Agarwal, Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - C No. - 30344 of 2019 Petitioner :- Harish Chandra Yadav And 3 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Bhola Nath Yadav,Abhishek Kumar Yadav Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav Hon'ble Sudhir Agarwal,J.
Hon'ble Rajeev Misra,J.
1. Heard learned counsel for parties and perused the record.
2. Grievance of petitioner is that respondent no. 7 in collusion of official respondents is trying to raise construction of Anganwadi Kendra over petitioners' land in question. Petitioners have already filed a suit for partition of holding, i.e. Plot No. 105 in Court of S.D.M., Jakhaniya, District-Ghazipur which is registered as Case No. 108 of 2018 (Harish Chandra and others Vs. Gram Panchayat Kritsingpur) under Section 116 of U.P. Revenue Code, 2006.
3. In fact, grievance of petitioners is against respondent no. 7, who isdefendant no.1 in suit filed by petitioners i.e. Gram Panchayat through its Pradhan.Therefore, relief prayed for by petitioners in present writ petition can be prayed for in pending suit. Petitioner can also seek remedy in common law by filing a suit for injunction.
4. Writ petition is dismissed on the ground of alternative remedy.
Order Date :- 20.9.2019 YK