Ashok Kumar v. State NCT Of Delhi And ORS.

#29 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8498/2015 ASHOK KUMAR ..... Petitioner Through None versus STATE NCT OF DELHI AND ORS. ..... Respondents Through Mr. Naushad Ahmed Khan, ASC (Civil) for GNCTD.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 21.01.2016 None is present for the petitioner. No request for pass over is even made. Consequently, this Court has no other option but to proceed ahead with the matter.

It is pertinent to mention that present writ petition has been filed seeking a direction to respondent nos. 1 to 3 to ensure that respondent no. 5 does not enter and does not construct upon the property measuring 139 sq. yrds out of Khasra No. 151-152 situated in Village Bhalswa abadi known as Road No. 17, Near Hanuman Mandir, Vijay Colony, Delhi - 110 042. Petitioner also seeks holding of an enquiry into the relationship between respondent nos. 3 and 5.

W.P.(C) 8498/2015

However, a perusal of the paper book reveals that petitioner has already filed a civil suit for permanent and mandatory injunction against the respondent no. 5 wherein it has sought a restraint order against him from entering and/or raising any construction.

Since the petitioner has already availed of an alternative effective remedy, present writ petition is not maintainable. Accordingly, the writ petition is dismissed.

MANMOHAN, J JANUARY 21, 2016 rn W.P.(C) 8498/2015