Ramshankar Vaishya v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Others

Court No. - 2 Case :- WRIT - C No. - 5659 of 2024 Petitioner :- Ramshankar Vaishya Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Others Counsel for Petitioner :- Ajai Kumar Shukla,Shivangi Pandey Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Ajai Kumar Shukla, learned counsel for the petitioner and learned Standing Counsel for respondents No. 1 to 5.

¶2In view of the proposed order notice to private respondent is dispensed with.

¶3The dispute raised by the petitioner in the present petition is a private dispute between the petitioner and his brother pertaining to the business run by the petitioner as well as the property jointly owned by them. In the aforesaid circumstances, the petitioner has given representation to the police authority as well as the Sub Divisional Magistrate and has approached this Court to direct them to decide the said representation.

¶4After hearing the parties and on perusal of the record, this Court is of the considered view that the dispute is private for which the petitioner has adequate remedy before the civil court. Even otherwise, in case the petitioner's case falls within Section 145 Cr.P.C., he has adequate remedy before appropriate authority to raise his dispute who can pass appropriate orders pending finality of the dispute between the parties.

¶5Accordingly, in the light of aforesaid observation, the petition is dismissed. (Arun Kumar Singh Deshwal,J) (Alok Mathur,J.) Order Date :- 28.6.2024 Vandana High Court of Judicature at Allahabad, Lucknow Bench