SMT. NAFEES BANO Vs. DISTRICT MAGISTRATE, PILIBHIT AND ANOTHER
LAWS(ALL)-1998-7-141
HIGH COURT OF ALLAHABAD
Decided on July 10,1998

Nafees Bano Appellant
VERSUS
District Magistrate, Pilibhit And Another Respondents

JUDGEMENT

Binod Kumar Roy, R.K. Mahajan, JJ. - (1.) THE petitioner has come up with a prayer for issuance of a writ, order or direction in the nature of mandamus commanding the respondent Nos. 1 and 2 not to interfere with her own land on the ground that they do not belong to the Forest Department. Having heard learned counsel appearing in support of this petition we are of the view that really the petitioner wants adjudication of her right, title and interest besides obtaining an order of permanent injunction restraining the respondents from interfering with her right, title and interest and possession of her land. Such a relief cannot be granted by us under Article 226 of the Constitution of India. The remedy, if any, is to file a suit for injunction before the appropriate forum.
(2.) WITH this observation this writ petition is dismissed with this clarification that any observation made herein shall not be interpreted to mean that we have accepted the claim of the petitioner. The office to serve a copy of this order by Monday on Sri Bisaria the learned S.C.;


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