Dismissed

Ramvir Singh v. State of U.P. and 3 Others

Allahabad HC11 Apr 2019WRIC/12483/2019

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition where the petitioner sought directions against a private respondent regarding interference in property possession. Citing precedent that authorities cannot interfere in private property disputes, the court held the petition non-maintainable.

What did the court decide?

The writ petition was dismissed; petitioner advised to take proceedings before appropriate forum.

Ramvir Singh Vs State of U.P. and 3 Others — Civil Procedure and Limitation | Allahabad HC (2019)

¶1

Court No. - 32

¶2

Case :- WRIT - C No. - 12483 of 2019

¶3

Petitioner :- Ramvir Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhtar Ali Counsel for Respondent :- C.S.C.

¶4

Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.

¶5

Heard learned counsel for the petitioner and learned Standing Counsel.

¶6

This petition has been filed, inter alia, for the following reliefs:

¶7

"i. Issue a writ, order or direction in the nature Mandamus commanding the respondent no- 2 and 3 to consider the matter and pass appropriate order restraining the respondent no- 4 from creating any interference in peaceful possession of the petitioner over the half share of the House No-135 area445 Sq. Yard, situated in village- Karnvas Bangar, Tehsil - Dibai, District- Bulandshahar, and to make partition of the house in question according to the share of the petitioner."

¶8

A perusal of record shows that the petitioner is seeking a direction against the private Respondent No. 4, who is alleged to be interfering in the peaceful possession of the petitioner over the property in question.

¶9

This Court in Writ Petition No. 50033 of 2015 (Jitendra Bahadur Singh Vs. State of UP & others) has held that the police and administrative authority must not interfere in the inter se dispute between two private parties in respect of immovable properties. In this regard, learned Standing Counsel has placed a Government Order dated 16.9.2015 issued by the Chief Secretary, Uttar Pradesh Government in pursuance of the order dated 4.9.2018 passed by this Court wherein it has been stated as follows:

¶10

"In this behalf, I am directed to say that while complying with Hon'ble High Court's order dated 04.09.2015 in letter & spirit, it be ensured that such matters of immovable property pending between the private parties, whose cases are pending before competent court or where Hon'ble Courts have passed interim order, no administrative order should be passed on miscellaneous applications. In future, if any such matter comes to the notice of the Government, then it shall be

¶11

construed strictly and strict penal action shall be taken against the officers guilty for the same." [English Translation]

¶12

Since the petitioner, in substance, is seeking relief against the private respondent, the present writ petition is not maintainable.

¶13

The writ petition is, accordingly, dismissed. However, the petitioner, if so advised, may take proceedings before the appropriate forum in accordance with law.

¶14

Order Date :- 11.4.2019

¶15

vinay

Ramvir Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ramvir Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Gauri Shankar Vs State of U.P. and 3 Others

Praveen Kumar Sharma and 3 Others Vs State of U.P. and 3 Others

Vijay Kumar Vs State of U.P. and 6 Others