Petitioners sought mandamus directing DM and SDM to protect their life and property and hand over possession of land allegedly taken by private parties. The court noted no provision grants officials power to adjudicate private disputes and dismissed the writ on grounds of alternative remedy.
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Court No. - 34
Case :- WRIT - C No. - 30547 of 2019
Petitioner :- Kusum Devi And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Satyendra Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
(a) Issue a writ, order or direction in the nature of mandamus directing to District Magistrate, Ballia and Sub-Divisional Magistrate, Sadar Ballia, District Ballia to protect the life and properties of petitioners.
(b) Issue a writ, order or direction in the nature of mandamus directing to concerned authorities to hand over the possession to the petitioners in respect of land in question.
Order Date :- 23.9.2019 Arshad
2 issues framed by the court
Whether District Magistrate and Sub-Divisional Magistrate have power to interfere in private property dispute.
Whether petitioner is entitled to mandamus for protection of life and property or handing over possession.
Kusum Devi And Another
State Of U.P. And 5 Others
Sudhir Agarwal
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
