The Supreme Court, in this writ petition concerning a private land dispute over construction on specific categories of land, held that there was no justification to exercise writ jurisdiction. The Court declined to issue any directions as the matter was inter-party in nature.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 32
Case :- WRIT - C No. - 13793 of 2020
Petitioner :- Girja Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vipin Kumar Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
This writ petition has been filed, interalia, for the following relief:
" (i) Issue a writ, order or direction in the nature of a writ of mandamus commanding and directing the respondent no. 6 not to make any construction or not to change the nature of the land bearing Arazi NO. 575, area 0.1380 hectare , Arazi no. 576 area 0.640 hectare and Arazi No. 577 area 0.1290 hectare situated village Sujanipur, Khaga, Fatehpur, District Fatehpur till the disposal of suit no. 58 of 2020 (Girja Devi and others Vs. Nagina Singh and others ) pending before Civil Judge Junior Division Khaga, District Fatehpur ."
This writ petition has been filed seeking a direction against the respondent no. 6, who happens to be the Gram Pradhan of the petitioner's village. Since the dispute between the
parties appears to be purely private dispute, we do not see any justification to issue any direction to the concerned authorities while exercising our writ jurisdiction under Article 226 of the Constitution of India.
However, the petitioner may, if so advised, take appropriate proceedings for redressal of his grievances.
Order Date :- 10.9.2020 MLK
1 issue framed by the court
Whether the court should issue directions under Article 226 in a purely private land dispute.
1 provisions across 1 enactments
Girja Devi
State Of U.P.
Nagina Singh
Shashi Kant Gupta
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
