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2013 DIGILAW 528 (ALL)

Raja Ram Patel v. State of U. P. & Ors.

2013-02-12

SATYA POOT MEHROTRA, ZAKI ULLAH KHAN

body2013
Zaki Ullah Khan J.;— The present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India making the following prayer:- "(i) Issue a writ order or direction in the nature of mandamus commanding the respondents No. 2 to 4 to ensure that the respondents No. 5 and 6 may not interfere in the petitioner's construction of Dalaan and Gaushala for shelter of his cattles on his own recorded abadi land (Gata No. 32 Kha) Area 0.08 Hectare situate at Village Sarai Digur Pargana Mungara P.S. Mungara Badshahpur District Jaunpur. (ii) Issue any other order or direction which this Court may deem fit and proper in the facts and circumstances of the case." The case of the petitioner is that the petitioner on 10th March 2010 started construction of Dalaan and Gaushala for his cattle in open land of his Abadi (Arazi No. 32) but the respondents no. 5 and 6 started interference in the construction without any right and authority. From the averments made in the Writ Petition it is evident that the dispute involved in the present Writ Petition is basically a private dispute between the petitioner and the respondent nos. 5 and 6. The nature of dispute is factual in nature. For resolving such dispute leading of oral and documentary evidence by the parties would be required. Such exercise cannot appropriately be done in Writ Petition under Article 226 of the Constitution of India. It is open to the petitioner to pursue such remedy as may be available to the petitioner under law before appropriate Forum for seeking appropriate reliefs for redressal of his alleged grievances as raised in the present Writ Petition. In view of the above discussion the Writ Petition filed by the petitioner is liable to be dismissed and the same is accordingly dismissed. _____________