Hubraj v. State Of U.P. And 12 Others

Petitioner :- Hubraj Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Ravindra Kumar Mishra Counsel for Respondent :- C.S.C.,Sanjay Kumar Srivastava Hon'ble Ashwani Kumar Mishra,J. Hon'ble Ms. Nand Prabha Shukla,J. This writ petition has been filed with the prayer to command the respondents 2, 3 and 4 to restore the bulldozed construction abutting sahan of the petitioner at its north skirt and the western wall so that the privacy of ladies in the family could be protected. Perusal of the record would indicate that there is a private dispute between petitioner and certain other persons in respect of which an Original Suit No. 1986 of 2023 has been filed seeking injunction. It is admitted that in the said suit no injunction has been granted. It is thereafter that the certain wall has been demolished treating it to be a case of nuisance under Section 133 Cr.P.C. A revision arising out of such order is pending. The petitioner at this stage contends that the order of the Magistrate under Section 133 Cr.P.C. is contrary to certain reports submitted by the Tehsildar and action of demolition is contrary to the report submitted by the revenue authorities. We find filing of writ petition to be utterly misconceived, inasmuch as, the order passed by the authority under Section 133 Cr.P.C. is already sub-judice in a revision filed by the petitioner. It is otherwise admitted that petitioner has not been able to secure any injunction in the pending suit. In the facts of the case, remedy of the petitioner was to have pressed his application for injunction in the civil Court. Once there is no injunction operating in favour of the petitioner and the action of the Magistrate is otherwise sub-judice in revision, there is no occasion for this Court to intervene in the matter. The writ petition is dismissed. Order Date :- 17.3.2025 Ranjeet Sahu