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Munna v. State Of U P And 3 Others

Munna v. State Of U P And 3 Others

(High Court Of Judicature At Allahabad)

WRIT - C No. - 21499 of 2022 | 02-08-2022

Ajit Kumar, J.

1. Heard learned counsel for the parties.

2. By means of present writ petition, filed under Article 226 of the Constitution, the petitioner has prayed for a writ of mandamus commanding respondent authorities to restrain respondent no. 4 from interfering in peaceful possession of the petitioner over plot no. 1, area 0.1154 hectares, situated at Village Sangipur, Pargana and Tehsil Soraon, District Prayagraj.

3. In this petition, virtually an injunction is being sought against private person who is interfering with the possession of the petitioner on day to day basis, so the proper course for the petitioner, therefore, would be to apply for a common law remedy.

4. Subject to aforesaid liberty, this petition is consigned to records.

Advocate List
  • Sita Ram Sharma

  • C.S.C.

Bench
  • Hon'ble Justice Ajit Kumar
Eq Citations
  • LQ
  • LQ/AllHC/2022/13327
Head Note

Civil Procedure Code, 1908 — Or. 39 Rr. 1 & 2 and Or. 39 R. 4 — Injunction — Against private person — Proper course for petitioner — Liberty granted to petitioner to apply for a common law remedy — Constitution of India — Art. 226 — Maintainability — Injunction — Against private person — Proper course for petitioner