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Judgment
Pankaj Purohit, J
Heard learned counsel for the parties.
By means of this writ petition, petitioner has sought the following reliefs:-
“I. Issue a writ/order/direction in the nature of mandamus restraining the Respondents from permitting the observance of Chatth Pooja in the park of the Gayatri Vihar Colony and to ensure that appropriate steps/measures be taken to prevent reoccurrence of any untoward incident;
II. and/or pass further order/s as may be deemed fit and proper in the facts and circumstances of the case.”
The learned State Counsel submits that the petitioner has already filed the Writ Petition in the year 2023 being WPMS No. 3177 of 2023, which was dismissed vide order dated 17.05.2024 passed by coordinate bench of this Court on the ground that the relief claimed by the petitioner is akin to the prohibitory injunction and that can only be granted by the Civil Court and not by the Writ Court. But, again, the petitioner has approached this Court for the same relief.
The present petition is filed for the similar set of relief and since the issue has already been dealt with by the coordinate bench of this Court on the previous occasion that such a relief cannot be granted by a writ court in a writ jurisdiction, this Court is left with no option, but, to relegate the petitioner to avail a proper remedy under private law. This Court declines to exercise the discretionary extra-ordinary jurisdiction granted under 226 of the Constitution of India.
Accordingly, the writ petition is dismissed.