JUDGEMENT
VIKAS BUDHWAR, J. -
(1.)The question which arises and falls for consideration before this Court in the present proceeding is with regard to the extent of judicial
intervention in matters, where admittedly, parties are litigating their rights
under the common law before the competent Civil Courts."
(2.)To begin with, one Smt. Suman Singh had instituted Writ-C No. 12310 of 2022, Suman Singh vs. District Magistrate, Varanasi and 7 others (hereinafter referred to as the leading petition) before this Court
seeking following reliefs: -
"I. To issue a writ, order or direction in the nature of
mandamus commanding the respondents to restore the
possession of petitioner over her plot No. 446 area 2250 square
feet situated at Village Susuwahi, Tehsil Sadar, District
Varanasi from which petitioner was dispossessed illegally by
the state authorities with connivance of private respondents.
II. To issue any other writ, order or direction which this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case.
III. To award the cost of petition in favour of the petitioner."
(3.)Perusal of the relief as sought in the above noted writ petition will clearly reveal that the petitioner herein had sought writ, order or direction
in the nature of mandamus commanding the respondents including Smt.
Manju Devi w/o Shri Gopal Prasad, Smt. Sunita Devi w/o Lalji Gupta and
Sri Gopi Chandra Gupta son of Late Dukhnti Sav, to restore the
possession over the plot no.446 are 2250 sq. ft. situate at village Susuwhi,
Tahsil Sadar, District Varanasi, from which the petitioner claims to be
dispossessed illegally by the State authorities in connivance with the
private respondents.
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