BABA KISHAN DAS Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant filed a writ in the nature of Habeas Corpus before the Hon'ble Single Judge, as according to him some of the private respondents with the aid and connivance of the police authorities had abducted one Baba Kishan Das and the police did not register a case against them. On behalf of THE respon dents Sri Munendra Singh Rathore and Sri Shankar Lal Sharma, respondents Inspec tor 296, Zone-3, Nagar Nigam, Lucknow, it was contended that the public servants have nothing to do with the commission of any offence. THEy are officers of the Nagar Nigam and complying with the orders of the higher authorities to prevent the unauthorised occupation and tres-pass over Government land. THEy have taken action. THE allegations about the alleged abduc tion and the alleged moving of the applica tion have been done as a counter measure in retaliation to thward the Nagar Nigam from taking legal steps to protect the public property. THEy also submitted before the Hon'ble Single Judge that the appellant instead of taking recourse to other available modes has approached this Court directly, which is not permissible under the law as alternative remedy is available.

(2.) CONSIDERING the said arguments Hon'ble Single Judge was pleased to dismiss the writ petition by taking a view that since alternative remedy was available, therefore, this petition was not main tainable and is also of no merit. Hiking away of Baba Kishan Das by them had been denied. Hence the writ petition was not maintainable having no force, the writ petition was accordingly dismissed.

(3.) WITH the aforesaid observation and direction the special appeal is dismissed. Appeal dismissed. .