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Judgment
8 paragraphs · 172 wordsS.K. Mishra, J
In this Writ Petition, the petitioner has prayed for the following reliefs :-
“i) issue a writ, order or direction in the nature of mandamus restraining the respondents from entering and digging upon the land of the petitioner situated within khasra no 298, 299 & 302 in Village Bindukhera, Tehsil Kichha, District U.S. Nagar on the pretext of ‘talab’.
ii) issue any other writ, order or direction which this Hon’ble Court deems fit and proper.”
It is apparent that the petitioner is claiming right over the land in question and, therefore, the proper remedy available to him is to file a Civil Suit against the respondents.
In that view of the matter, since a Civil Suit is maintainable, we are not inclined to entertain the present Writ Petition. Accordingly, it is, hereby, dismissed.
Urgent certified copy of this order be supplied to the learned counsel for the parties, as per Rules.
Interim relief application (IA No. 01 of 2022) is also disposed of accordingly.