Petitioner sought writ restraint on respondents to allow peaceful construction on disputed land. The bench held this was a private dispute remedyable by civil injunction or criminal process, not writ jurisdiction under Article 226.
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Court No. - 21
Case :- WRIT - C No. - 1008 of 2021
Petitioner :- Manraji Devi @ Manraji Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Neeraj Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Petitioner is before this Court with the request to command the respondent no.1, 2 and 3 to make necessary endeavours to maintain the peace on spot by restraining the respondent no.4 to 7 to make necessary hurdle in peaceful construction of the petitioner's house in question situated over Arazi no.267/2, Rakba 0.089 hectare, Village PLakari Jameene Gangapur, District Bhadohi.
The dispute inter-se petitioner and respondent no.4 to 7 is a purely private dispute and, in case, a private incumbent is trying to encroach the land in question belonging to petitioner or is interfering in peaceful possession of petitioner, then remedy of petitioner lies to file civil suit before the court concerned and make prayer for grant of injunction, that would be tested on the parameters of prima facie case, balance of convenience and irreparable loss, in view of this, payer made by the petitioner certainly cannot be accorded by us. We also make it clear that in case an incumbent is trying to take law into his own hand, then the common law remedy is to be invoked by the petitioner as is provided for under Code of Criminal Procedure, but as far as this Court is concerned, this Court under Article 226 of the Constitution of Indian cannot accord any relief to petitioner, as has been prayed for.
With these observations, the writ petition is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.1.2021 A. Pandey
3 issues framed by the court
Whether the Court can grant a stay on construction in a purely private land dispute.
'Incumbent' trying to encroach, whether the remedy lies in civil suit or criminal procedure.
Whether writ jurisdiction under Article 226 can accord relief in inter-se private disputes.
2 provisions across 2 enactments
Manraji Devi @ Manraji
State Of U.P.
Mahesh Chandra Tripathi
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
