Saraswati Devi Vs State of U.P. and 5 Others

Court No. - 32

Case :- WRIT - C No. - 24332 of 2019 Petitioner :- Saraswati Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Devi Prasad Tripathi,Manish Kumar Pandey

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Counsel for Respondent :- C.S.C.

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Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.

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The writ petition has been filed for the following reliefs :-

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"(i) issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to 4 to restrain the respondent no.5 and 6 and their associate from the interfering in the construction of the petitioner over Arazi No.69/4 area 13 Dismal situate in village Bhaluahi, Post & Tehsil - Badalapur, District Jaunpur forthwith.

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(ii) issue a writ, order or direction in the nature of mandamus commanding to respondent authority to protect the life and property of the petitioner forthwith.

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(iii) a direction may also be issued to the respondent no.2 to decide the representation of the petitioner within stipulated period and ensure the security of the petitioner and her family members."

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In substance, the petitioner is seeking relief against the private respondents No.5 and 6 who are allegedly causing interference in the peaceful possession of the petitioner over the land-indispute.

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Since the present dispute relates to the landed property between the petitioner and the private parties, it cannot be adjudicated upon by this Court in exercise of its powers conferred under Article 226 of the Constitution of India.

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However, it is open for the petitioner to seek appropriate remedy before appropriate forum, if so advised, in accordance with law.

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The writ petition is, accordingly, disposed of .

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Order Date :- 25.7.2019 A. Dewal

Saraswati Devi v. State of U.P. and 5 Others

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Saraswati Devi v. State of U.P. and 5 Others

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