Raj Bahadur And Others vs State Of U.P. Thru Its D.M. And ...
2011 Latest Caselaw 2377 ALL

Citation : 2011 Latest Caselaw 2377 ALL
Judgement Date : 30 June, 2011

Allahabad High Court

Raj Bahadur And Others vs State Of U.P. Thru Its D.M. And ... on 30 June, 2011

Bench: Satya Poot Mehrotra, Pankaj Mithal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 35234 of 2011
 

 
Petitioner :- Raj Bahadur And Others
 
Respondent :- State Of U.P. Thru Its D.M. And Others
 
Petitioner Counsel :- Birendra Singh Singraur
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Pankaj Mithal,J.

The present Writ Petition has been filed making the following prayers :

"(a) Issue a writ, order or direction in the nature of Mandamus commanding the respondents particularly respondent nos.4 to 8 not to make any Nali (drain) on the Khadanja (Rasta) and release the wastage water on the ancestral Sahan of the petitioners situated in village Bhawali, Mazra- Missee, Pargana Tappajar, Tehsil Bindki, District Fatehpur.

(b) Issue a writ, order or direction in the nature of Mandamus restraining the respondent nos.4 to 8 not to release any wastage water on the ancestral Sahan of the petritioners.

(c) Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the fact and circumstances of the instant case.

(d) Award cost of the writ petition in favour of the petitioner."

From a perusal of the averments made in the Writ Petition it transpires that the petitioners have already filed a Suit being Suit No. 195 of 2011 against the respondent nos. 4 to 9 praying for grant of decree of permanent injunction against the said respondents making identical restraint order as prayed for in the present Writ Petition. The said Suit is pending in the court of Civil Judge (Junior Division), Fatehpur.

In view of the fact that the petitioners have already availed of alternative remedy available to them, we are not inclined to exercise our Writ Jurisdiction under Article 226 of the Constitution of India in the present case.

The Writ Petition is liable to be dismissed on the aforesaid ground, and the same is accordingly dismissed on the said ground.

Order Date :- 30.6.2011