Rajani Singh v. District Magistrate, Lucknow and Others

Court No. - 2 Case :- WRIT - C No. - 5540 of 2024 Petitioner :- Rajani Singh Respondent :- District Magistrate, Lucknow And Others Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri S.K. Sharma, learned counsel for the petitioner and learned Standing Counsel for respondents No. 1 to 3.

¶2In the present writ petition, a prayer has been sought from this Court for a direction to respondents No. 1 to 3 to illegal construction, raised by respondent No.4 over Gata No. 799 Mi. Rakaba 0.164 hectare, situated at Village Chakauli, Pargana Bijnaur, Tehsil Sarojani Nagar, Lucknow.

¶3Learned Standing Counsel, on the other hand, has opposed the prayer. He has submitted that the dispute raised in the present petition is a private civil dispute between the petitioner and the private respondent and a writ petition under Article 226 of the Constitution of India would not be maintainable.

¶4Considering the aforesaid submission and on perusal of record, this Court is of the considered view that the present dispute does not fall within the realm of Article 226 of the Constitution of India and the petitioner has alternative remedy before the civil court.

¶5Accordingly, the petition is dismissed with liberty to the petitioner to approach appropriate forum for redressal of his grievance. (Arun Kumar Singh Deshwal,J) (Alok Mathur,J.) Order Date :- 28.6.2024 Vandana High Court of Judicature at Allahabad, Lucknow Bench