The petitioner challenged the running of a school on his disputed land via a writ petition. The Court held that since the school has operated there for over 30 years and the appropriate remedy for eviction lies with the civil court, the writ petition lacked merit and was dismissed.
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Court No. - 54
Case :- WRIT - C No. - 34811 of 2019
Petitioner :- Parasuram Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Santosh Kumar Pandey,Akhilesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner claims that he and his brother are owner of gata no.1186, area 0.1860 hectare, situated in village Bairia (Dwaba), Tehsil Bairia, District Ballia. The aforesaid land has been encroached upon by one Madan Mohan Shukla in the year 1990 and a complaint case was filed against Madan Mohan Shukla under Cr.P.C. which was allowed by ACJM Ist, Ballia by judgement and order dated 08.04.2019 directing Madan Mohan Shukla to remove his possession over the plot in dispute.
According to the petitioner, despite the order passed by ACJM Ist, Ballia, Madan Mohan Shukla did not vacate the plot and has continued with the possession. The petitioner submits that the construction of the school over his plot is illegal as the aforesaid plot belongs to the petitioner. The petitioner in this regard has submitted a representation dated 24.07.2019 to the District Inspector of Schools, Ballia to take action against the schools and further withdraw the recognition granted to the said school.
Be that as it may, it is not in dispute that the school is running over the aforesaid plot since 1990. There was an order passed by the court below in favour of the petitioner in case no.2197 of 1990 but the petitioner failed to get the aforesaid order executed.
Thus, as in the present case the school is being run over the aforesaid plot for more than 30 years and, therefore, at this stage it is not proper for this Court to issue any direction to the respondent no. 2 to consider the representation of the petitioner. The remedy of the petitioner is to approach the civil court for a suit of eviction and dispossession if the construction of school over the aforesaid plot is illegal.
For the reasons given above, the writ petition lacks merit and is dismissed.
Order Date :- 1.11.2019 S.Sharma
3 issues framed by the court
Whether the High Court should issue directives regarding the illegal construction of a school on land already adjudicated in a lower court despite prolonged non-execution.
Whether a writ petition is the appropriate remedy for eviction and dispossession disputes settled by civil courts.
If delay in executing an order of eviction precludes the issuance of writ directions for the removal of structures.
Parasuram Singh
State Of U.P.
Saral Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
