FARRUKH AHMAD Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) PETITIONER has approached this Court seeking the following relief: - - -

(2.) WE heard the learned Senior Counsel on behalf of the petitioner Shri M.S. Pal and Shri Rakesh Thapliyal on behalf of the private respondent. We also heard the learned Deputy Advocate General for the State. The learned Deputy Advocate General would submit that actually proceedings were initiated under Section 107 of the Code of Criminal Procedure and the order has been passed. Shri Rakesh Thapliyal would, in fact, submit that the suit has been decreed in their favour and it has been found that there is no Mosque. In the circumstances of this case, we do not think that we should entertain this writ petition in the exercise of extra ordinary discretionary jurisdiction under Article 226 of the Constitution of India. We record the submission of the learned Deputy Advocate General and close the matter.