Petitioner approached court for return of fallen tree wood appropriated by respondents. Court held that private possession precludes writ jurisdiction and advised Section 156(3) Cr.P.C. remedy. Petition dismissed without prejudice.
Petition dismissed without prejudice to right to file Section 156(3) Cr.P.C. complaint.
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Court No. - 50
Case :- WRIT - C No. - 11068 of 2020
Petitioner :- Umesh Kumari Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Suresh Singh,Akhilesh K. Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 to 4; and perused the record.
The case of the petitioner is that respondents 5, 6 and 7 have appropriated the wood of the fallen tree belonging to the petitioner and the said wood is kept at the place of respondent no. 8.
The grievance of the petitioner is that an application has been given for return of the wood but no action has been taken.
In case the petitioner has any grievance, he can always lodge a complaint or an application under Section 156(3) Cr.P.C. in respect of commission of cognizable offence. But since the wood is in possession of a private person, it would not be appropriate for us to entertain petitioner's grievance in the writ jurisdiction.
The petition is dismissed without prejudice to the right of the petitioner to take recourse to such other legal remedies, as may be advised.
Order Date :- 8.7.2020 Sunil Kr Tiwari
1 issue framed by the court
Whether the petitioner's writ petition regarding the appropriation of her fallen tree wood by respondents 5, 6, and 7 and non-return of said wood by respondent no. 8 falls within the writ jurisdiction
Umesh Kumari
State Of U.P.
Manoj Misra
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
