Disposed

Mohan Chaurasia v. State of U.P. and 5 Others

Allahabad HC21 Jun 2021WRIC/10177/2021

Case brief

AI extract

What is this about?

This petition sought a direction to the State to enable a petitioner to construct a house by restraining a private sixth respondent. The Court held that writ jurisdiction is not meant for private property disputes and disposed of the petition without merits, granting liberty to pursue civil remedies or report criminal breaches of peace.

What did the court decide?

Liberty to the petitioner to take recourse to regular civil proceedings against the sixth respondent for property rights interference and to report incidents of breach of peace to police.

Mohan Chaurasia Vs State of U.P. and 5 Others — Property and Title | Allahabad HC (2021)

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Court No. - 40

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Case :- WRIT - C No. - 10177 of 2021

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Petitioner :- Mohan Chaurasia Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shailendra Sharma Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Misra,J. Hon'ble Anil Kumar Ojha,J.

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Heard learned counsel for the petitioner; learned Standing Counsel for the respondents 1 to 5; and perused the record.

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The petitioner by this petition seeks a direction upon the State-respondents to decide his representation seeking protection against sixth respondent to enable him to raise construction of his house over a plot of land which, according to the petitioner, belongs to him.

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The grievance of the petitioner appears to be against the sixth respondent, who is a private person.

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According to the petitioner, the sixth respondent, who is the owner of the adjoining plot, is illegally restraining the petitioner from raising construction.

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Ordinarily, the writ jurisdiction is not meant for settling dispute between private individuals or for issuing an injunction against a private respondent. Even the district administration is not supposed to adjudicate the title of private persons in respect of their private properties. However, where there is a threat of breach of peace or maintenance of law and order, state officers may take recourse to the provisions of the Code of Criminal Procedure.

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In view of the above, this petition is disposed off by giving liberty to the petitioner to take recourse to regular civil proceedings against the sixth respondent in case the sixth respondent is interfering in the property rights of the petitioner. However, in case the action of the sixth respondent results in breach of peace or commission of any offence, it shall be open to the petitioner to report the incident to the police authorities/district administration concerned who shall look into it and take adequate steps in accordance with law.

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With the aforesaid liberty, the petition is disposed off. It is made clear that we have not expressed any opinion on the merits of the claim of the petitioner.

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Order Date :- 21.6.2021. Rks.

Mohan Chaurasia v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Mohan Chaurasia v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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