Syed Saeed Shah vs State Of U.P. And 6 Others
2015 Latest Caselaw 3636 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 59890 of 2015
 

 
Petitioner :- Syed Saeed Shah
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Syed Fahim Ahmed
 
Counsel for Respondent :- C.S.C.,Madhur Prakash,Qamrul Hasan Siddiqui,Vimlesh Kumar Rai
 

 
Hon'ble Arun Tandon,J.

Hon'ble Vipin Sinha,J.

Heard learned counsel for the parties. Sri Qamrul Hasan Siddiqui, Advocate is present on behalf of the respondents.

It is the case of the petitioner that despite the judgment and order of Division Bench of this Court dated 7.3.2013 passed in Writ Petition No. 12932 of 2013, respondents- Jal Nigam Authority were proceeding to demolish the construction shown over Khasra No. 337, which is the property of the petitioner. Being aggrieved, the petitioner filed a Contempt Application (Civil) No. 4141 of 2015.  This Court vide order dated 16.7.2015 issued notices to the respondents to show cause as to why contempt proceedings be  not initiated against them.

It has specifically been stated by learned counsel for the petitioner that during the pendency of contempt petition, the respondent-Jal Nigam has started new constructions of the water tank over the plot in question.

Learned counsel for the respondents disputed the contention so raised  and it is stated that no constructions are being raised over the plot of the petitioner. We find that serious issues are involved in title and demarcation of the plot. Such issues need examination of oral as well as documentary evidence.

Writ petition is not the proper remedy. Petitioner may file a civil suit.

This order shall not prejudice the contempt proceeding already initiated by the petitioner.

Order Date :- 29.10.2015

Ashish Pd.