Allahabad High Court
Chinta Devi vs State Of U.P. And 5 Others on 18 October, 2019
Bench: Sudhir Agarwal, Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - C No. - 33348 of 2019 Petitioner :- Chinta Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dhirendra Bahadur Singh Counsel for Respondent :- C.S.C. Hon'ble Sudhir Agarwal,J.
Hon'ble Rajeev Misra,J.
1. Heard learned counsel for petitioner and learned Standing Counsel.
2. This is a misconceived and ill-advised writ petition. Dispute is with regard to private property over which, according to petitioner, respondent nos. 4, 5 & 6 have fraudulently given possession while they executed sale deed of different plot misguiding her. That being so, remedy lies to petitioner under common law. In such private dispute, writ petition is not maintainable under Article 226 of the Constitution.
3. At this, learned counsel for petitioner submitted that petitioner's construction may be protected till filing of suit. However, even after repeated query, he could not show any provision under law for issuing such direction in writ jurisdiction where remedy lies under common law.
4. Writ petition is, accordingly, dismissed as not maintainable with cost of Rs.5,000/-.
Order Date :- 18.10.2019 Ram Murti