WPMS/1147/2021
2021 Latest Caselaw 2000 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
            ON THE 22ND DAY OF JUNE, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1147 of 2021
BETWEEN:

Pradeep Kumar & others                          ...Petitioners
     (By Mr. Bhupesh Kandpal, Advocate)



AND:
District Magistrate, Dehradun
& others                                    ...Respondents

     (By Mr. Vinod Nautiyal, learned Deputy Advocate General
     for the State of Uttarakhand)



                        JUDGMENT

1. By means of this writ petition, petitioners have sought following reliefs:-

(i) A writ order or direction in the nature of mandamus commanding the respondents not to interfere with the peaceful possession of the Petitioners without any judicial order and/or pass any such which this Hon'ble Court may deep fit and proper in the light of justice.

(ii) A writ order or direction in the nature of mandamus commanding the Respondent NO. 3 to decide the representation of the Petitioner no. 1 (Annexure No. 2) as expeditiously as possible and/or pass any such order which this Hon'ble Court may deep fit and proper in the light of justice.

2. From the perusal of the writ petition, it appears that a Civil Suit is pending between petitioners and respondent no. 4. Petitioners contend

that they have become owner of the property, by virtue of a Will, executed by their late father in their favour. Petitioners want a mandamus to be issued to the respondents not to interfere in their peaceful possession over the property in question.

3. Since the parties are already before a competent Civil Court, which can adjudicate upon the rival claims made by the parties, therefore, any interference by this Court at this stage is bound to prejudice the interest of the parties in the pending Civil Suit.

4. In such view of the matter, this Court declines to entertain this writ petition. Accordingly, writ petition fails and is hereby dismissed.

(MANOJ KUMAR TIWARI, J.) Aswal