Petitioner prayed for direction to open shop of her deceased husband locked since 10.9.2020. Court declined to issue direction as dispute was between two ladies over private property. Liberty granted to approach appropriate remedy.
Liberty granted to petitioner to take recourse to other appropriate legal remedy.
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Court No. - 40
Case :- WRIT - C No. - 22308 of 2021
Petitioner :- Smt. Manjoo Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Arun Kumar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
The prayer of the petitioner is that a direction be issued to the second respondent to open the lock of the shop of the petitioner's deceased husband which is lying locked since 10.9.2020.
From the record, it appears that a representation was submitted by the petitioner to the District Magistrate, in which it is alleged that the petitioner's husband has been murdered and her children, born out of the wedlock, are residing with one lady Luxmi Devi who is in occupation of the property left by petitioner's husband.
As from the allegations made in the representation, it appears that the petitioner's husband also had relationship with another lady and that lady has not been impleaded as respondent, keeping in mind that the dispute is between two ladies in respect of private property, we decline to issue any specific direction as has been prayed for.
The petition is disposed of by giving liberty to the petitioner to take recourse to other appropriate legal remedy.
Order Date :- 4.10.2021 sfa/
2 issues framed by the court
Whether the High Court should issue direction to open the lock of premises claimed by petitioner's deceased husband.
Whether the dispute between the two ladies over private property warrants judicial intervention by a Writ Petition.
Smt. Manjoo Devi
State of U.P.
Another
Manoj Misra
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
