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High Court Of ChhattisgarhWPCR/91/2016dismissed

Smt. Tripti Manikpuri v. State Of Chhattisgarh

2016-04-13Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP (Cr) No.91 of 2016 Smt.Tripti Manikpuri, wife of Kedar Manikpuri, aged about 35 years, R/o. G. Pocket, Block-2A, Maroda, Sector, Bhilai, District Durg (CG) ---Petitioner

Versus

1. State of Chhattisgarh, Through: Superintendent of Police, Durg, District Durg (CG)

2. Officer In-charge, Police Station Newayee, District Durg (CG)

3. G.Rajan Son of late Gopalan Nair, aged about 50 years, R/o. Qtr. No.7/B, Street No.41, Sector-7, Bhilai, District Durg (CG)

4. M.S. Rajkumar son of S. Manual Raj, aged about 45 years, R/o. MIG-2, Hudco Bhilai, District Durg (CG) ---Respondents For Petitioner :

Mr. Uttam Pandey, Advocate For Res.No.1 & 2 :

Mr. D.R.Minz, Dy.Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 13/04/2016 1.

Heard on admission.

2.

Learned counsel for the petitioner would submit that a writ be issued to respondent No.3 to open the lock placed by him as she is legally entitled to run the said shop. 3.

It is apparent from the perusal of the record that civil litigations are pending between respondents No.3 and 4 and First Appeal No.101/2010 is also pending before this Court

as by order dated 25.6.2010 civil suit filed by Mr.G. Rajan has been disposed off by the Additional District Judge,Durg. In Misc. Civil Appeal No.4/2013 (M.S. Rajkumar v. G. Rajan and another), order of temporary injunction was passed in favour of M.S. Rajkumar against G. Rajan, respondent No.1 therein by Civil Court, Durg.

4.

Since, civil litigations are pending consideration between the parties and the petitioner has a remedy of approaching the jurisdictional civil Court for appropriate relief including temporary injunction in mandatory form against an erring party, I do not find any good ground to entertain this writ petition in exercise of extraordinary jurisdiction. 5.

Consequently, the writ petition is liable to be and is hereby dismissed. No order as to cost(s). However, the petitioner is at liberty to approach jurisdictional civil court or any other appropriate remedy available under the law.

Sd/- (Sanjay K. Agrawal) JUDGE B/-