S.B. Civil Writ Petition No.11414/2010 Shri Munir Khan Vs. Jaipur Nagar Nigar and ors. Dated : 27.09.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Anudyuti Maitra for the petitioner. *** By way of this writ petition the petitioner Munir Khan has sought the following relief: A. To direct the respondent No.1 to 3 to take necessary steps for demolition of the illegal constructions of the respondent No.4 in the south face of their plot on the public road. B. To pass any other and further orders which this Hon'ble Court may deem fit and proper in facts and circumstances of the case in favour of the petitioner. C. To award costs in favour of the petitioner. 2. Heard the learned counsel for the petitioner and carefully perused the relevant material on record, including the impugned order dated 14th November, 2008 passed by the learned trial Court. The learned trial Court is found to have passed an order restraining respondent No.4 from raising any construction on public street and the public chawk. 3. Learned counsel for the petitioner canvassed that respondent No.4 has already raised the construction on the public chawk and public street (Gali). He -2- prayed to respondent No.1 and 2 to demolish the unauthorized construction but they did not pay any heed to his prayer. Hence, the direction may be issued to them to demolish the same. 4. It is a settled proposition of law that the powers under Article 226 of the Constitution can be invoked for the enforcement of any fundamental right or any other legal right but not for mere contractual rights arising out of an agreement particularly in view of the existence of efficacious alternative remedy. The efficacious alternate remedy is available to the petitioner. The petitioner can file a suit before the proper Court for getting the illegal unauthorised construction demolished, if there is any. The powers to be invoked under Article 226 of the Constitution are discretionary in nature and not mandatory. The instant writ petition is found to be totally devoid of any substance and, thus, the same deserves to be dismissed in limine. 5. Hence, for the reasons stated above, the writ petition being bereft of any merit, stands dismissed accordingly. (MAHESH BHAGWATI)J. Pcg item No.10