JUDGMENT :

Vikas Budhwar, J.

1. The question which arises and falls for consideration before this Court in the present proceeding is with regard to the extent of judicial intervention in matters, where admittedly, parties are litigating their rights under the common law before the competent Civil Courts."

2. To begin with, one Smt. Suman Singh had instituted Writ-C No. 12310 of 2022, Suman Singh vs. District Magistrate, Varanasi and 7 others (hereinafter referred to as the leading petition) before this Court seeking following reliefs:-

"I. To issue a writ, order or direction in the nature of mandamus commanding the respondents to restore the possession of petitioner over her plot No. 446 area 2250 square feet situated at Village Susuwahi, Tehsil Sadar, District Varanasi from which petitioner was dispossessed illegally by the state authorities with connivance of private respondents.

II. To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

III. To award the cost of petition in favour of the petitioner."

3. Perusal of the relief as sought in the above noted writ petition will clearly reveal that the petitioner herein had sought writ, order or direction in the nature of mandamus commanding the respondents including Smt. Manju Devi W/o. Shri Gopal Prasad, Smt. Sunita Devi W/o. Lalji Gupta and Sri Gopi Chandra Gupta son of Late Dukhnti Sav, to restore the possession over the plot no.446 are 2250 sq. ft. situate at village Susuwhi, Tahsil Sadar, District Varanasi, from which the petitioner claims to be dispossessed illegally by the State authorities in connivance with the private respondents.

4. So far as Writ-C No. 24798 of 2022 (hereinafter referred to as the 'connected petition') is concerned, the same has been instituted by Smt. Manju Devi W/o. Shri Gopal Prasad, Smt. Sunita Devi W/o. Lalji Gupta, Smt. Lali Devi W/o. Gopichand Gupta and Gopi Chandra Gupta son of Late Dukhnti Sav, in which besides the State and its functionaries, the petitioner in Writ-C No. 12310 of 2022, Suman Singh vs. District Magistrate, Varanasi and 7 others (hereinafter referred to as to as 'the leading petition') has been arrayed as Respondent no.5 seeking the following reliefs:-

"I. Issue a writ, order or direction in the nature of certiorari quashing ex-parte order dated 13.08.2022 passed by respondent no. 3 along with memo of delivery of possession dated 16.08.2022 (Annexure 1 to the petition).

II. Issue a writ, order or direction in the nature of Mandamus directing respondents-authorities to restore back possession of petitioners over their property being Arazi No. 446 M area 4080 sq. ft., situate in Mauza Susuwahi, Pargana Dehat Amanat, Tehsil and District Varanasi, by directing respondents-authorities to maintain statusquo ante by restoring status of the property of petitioners as stood prior to 16.08.2022 or as existed on 10.08.2022 when the order dated 10.08.2022 was passed by Hon'ble Court in Writ Petition No. 12310 of 2022.

III. Issue an appropriate writ, order or direction in the nature of mandamus directing respondents to pay compensation to the tune of Rs. 10 lakhs towards the mental, physical agony and distress suffered by the petitioner due to wrongful and illegal dispossession of the petitioner from his own property and towards raising of constructions over the property of petitioners by the respondent no. 5.

IV. Issue writ of mandamus, order or direction with this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

V. Award the cost of the writ petition to the petitioners."

5. A close scrutiny of the relief as sought in the connected petition would go to show that writ, order or direction in the nature of certiorari has been sought for quashing ex-parte order dated 13.8.2022 passed by Respondent no.3 (S.D.M. Sadar, District Varanasi) along with the memo of delivery of possession dated 16.8.2022, whereby the private respondent in the connected p