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Judgment
Sharad Kumar Sharma, J
On 10.06.2020, the petitioners have already instituted a civil suit before the court of Civil Judge (Sr. Div.), Kashipur, District Udham Singh Nagar
being Original Suit No.55 of 2020, Surendra Singh and another Vs. State of Uttarakhand and others which is presently pending. The present parties to
the writ petition are similar in the suit. The suit has been filed in the nature of decree, which was sought for was by way of a compensation, in relation
to the property, which has been detailed at the foot of the plaint constituting to be a Khasra No.383m, which is pending consideration. During its
pendency, the petitioners have filed this present writ petition with the prayer which almost happens to be akin to the nature of decree which has been
sought by them in their prior pending suit i.e. a mandamus for payment of compensation for the same land which is subject matter of the suit itself,
filed by the petitioners.
The petitioners cannot be permitted to have a recourse to both the remedies simultaneously, once they themselves, have already chosen a Forum of
filing a suit, the present writ petition would not be maintainable. Accordingly, the same is dismissed.