VILLAGERS OF PANOO Vs. STATE OF J&K

JUDGEMENT

(1.) HEARD .

(2.) CONSIDERED . It is admitted on either side as evidenced by certified copies of the pleadings of the parties filed in Civil Original Suit 262/Numbri of 1999/ File No. 262/N of 2001 on the file of Sub Judge, Shopian, that the subject of the writ petition and the relief prayed are pending adjudiciation before the court of Sub Judge Shopian in a declaratory -cum -injunction suit. The petitioner cannot pursue two parallel proceedings. During pendency of the suit, the writ petition on the very subject with self same facts and for identical relief cannot lie/run. Disputed questions of fact too are needed to be gone into, as is seen from the memorandum of writ petition and the objections filed thereto by the otherside and pleadings in the Civil Original Suit.

(3.) IN the above view of the matter, the writ petition is dismissed in limine. The pleadings are taken on record and marked as IM -R1 and IM -R2.