Allahabad High Court
KASHI RAM AND 2 OTHERSversusSTATE OF U.P. AND 8 OTHERS
- Decided
Holding
The writ petition was dismissed as the same relief was already sought in a pending civil suit.
Summary
The petitioners sought a writ directing the respondent Awas Vikas Parishad to restrain the sale and construction on agricultural land (plot no. 193, 0.534 hectare) and to prevent interference with possession. A parallel civil suit (Original Suit No. 306 of 2005) was already pending for the same relief. The Court held that the writ petition could not be entertained merely because a civil suit for identical relief was pending, and directed the petitioners to continue pursuing the civil suit. The petitioners also asked for compensation if the land had been acquired, but the Court noted that any compensation claim could be made to the appropriate authority. Consequently, the writ petition was disposed of without granting any relief.
Issues considered
- Whether a writ petition seeking injunction against sale and construction of land can be entertained when a civil suit for the same relief is already pending.
Subjects
- writ petition
- civil suit
- injunction
- agricultural land
- parallel proceedings
- compensation
- land acquisition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 30061 of 2025
Kashi Ram And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Kumar Srivastava
Counsel for Respondent(s) : Pranjal Mehrotra, C.S.C., Vineet
Pandey
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Supplementary Affidavit filed today be kept on record.
2. Heard Sri Deepak Kumar Srivastava learned counsel for the petitioner,
Sri Pranjal Mehrotra learned counsel for the Awas Vikash Parishad, U.P.,
Lucknow, and the learned Standing Counsel.
3. For the same relief which has been made in this writ petition, a civil
suit has been filed being Original Suit No. 306 of 2005. The prayer no. 1
of the writ petition is that the respondent - Awas Vikas be restrained from
selling the agricultural land comprised in plot no. 193 area 0.534 hectare.
A further prayer is that no construction be made on the plot in question.
Likewise, the prayer is the civil suit was that the defendant Awas Vikas
be injuncted from interfering in the possession of the petitioner. In effect,
we find that the prayers made both in the writ petition and in the suit are
of a similar nature.
4. Thus, we are of the view that the writ petition cannot be entertained
simply on the ground that a civil suit for the same relief is already
pending.
5. The Petitioner may, thus, continue to pursue the remedy as has been
availed of by filing of the civil suit.
6. After the Court showed its disinclination to entertain the petition, Sri
Depak Kumar Srivastava prayed that if any acquisition has actually been
WRIC No. 30061 of 2025
2
done of the land in question then the petitioner may be paid the requisite
compensation.
7. It is needless to observe that, if any acquisition has been made, the
petitioner can always approach the relevant authority for the release of
compensation.
8. With these observations, the writ petition is finally disposed of.
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
September 18, 2026
PK
Digitally signed by :-
PRAVEEN KUMAR
High Court of Judicature at Allahabad
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