Petitioner sought to quash an office memo regarding land encroachment by the Nagar Panchayat President. The Court held the dispute was private in nature and the appropriate remedy was a Civil Suit, dismissing the writ petition.
Petition for quashing of office memo dismissed as the dispute is private in nature.
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Court No. - 34
Case :- WRIT - C No. - 17905 of 2020
Petitioner :- Birama Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for petitioner and perused the record.
By means of the present petition, the petitioner herein is seeking for quashing of the office memo dated 23.10.2019 passed by the respondent no.2.
The petitioner claims to be bhumidhar of plot no.2145 measuring 0.3050 hectares village Birya Nagala, Pargana Medul, Hathras. It is stated that the land-in-question is recorded in the name of Bhoop Singh who is stated to be father-in-law of the petitioner. The petitioner's husband and his step brother had executed a sale-deed in the name of respondent no.3. However, the respondent no.3 is deliberately trying to encroach upon the remaining portion of the land which is still recorded in the name of father-in-law of the petitioner.
Submission is that the proposal for construction/digging of a pond over the land-in-question has been mooted by respondent no.3 being President of the Nagar Panchayat, in order to grab the land of the petitioner. Financial approval has been granted to the said proposal which is subject matter of challenge in the present petition.
Considering the above, we find that the dispute between the petitioner and the respondent no.3, i.e. the Executive Officer, Nagar Panchayat, Mendu Hathras is primarily private in nature. For any act of respondent no.3 of grabbing of the land of the petitioner, the appropriate remedy is to file a Civil Suit.
The present petition cannot be entertained and is dismissed , accordingly.
Order Date :- 15.12.2020 P Kesari
2 issues framed by the court
Whether a writ petition seeking quashing of an office memo regarding land dispute between private parties is maintainable.
Whether the appropriate remedy lies in filing a Civil Suit instead of approaching the writ jurisdiction for encroachment on private land.
Birama Devi
State Of U.P.
4 Others
Sunita Agarwal
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
