Court No. - 5

Case :- WRIT - B No. - 3374 of 2018

Petitioner :- Pushpa Devi

Respondent :- Settlement Officer(Consolidation) And 3 Others

Counsel for Petitioner :- Jitendra Yadav

Counsel for Respondent :- C.S.C.

Hon'ble Pradeep Kumar Singh Baghel,J.

I have heard learned counsel for the petitioner and learned

Standing Counsel.

The petitioner has preferred this writ petition for quashing the

order dated 23.3.2018 passed by the Settlement Officer of

Consolidation, Azamgarh (hereinafter referred to as 'the

S.O.C.') in Case No. 250, Ram Raj Vs. State of U.P.

From the material on record and the pleadings in the writ

petition, it is evident that a Civil Suit No. 341 of 2017 with

regard to the similar issue which is being raised in the present

petition is already pending consideration in the court of Civil

Judge (Junior Division), Azamgarh copy of which has been

filed as Annexure No. 2 to the writ petition. The petitioner

cannot adopt two remedies simultaneously with regard to the

same dispute as has been held by the Supreme Court in the case

of Jai Singh v. Union of India and others, AIR 1977 SC 898,

which has been followed in several cases, wherein it has been

held that