The court held that a dispute over property possession between private parties belongs to the jurisdiction of the appropriate civil court, rendering a writ petition an inapplicable remedy. The petition was accordingly dismissed.
The writ petition was dismissed.
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Court No. - 40
Case :- WRIT - C No. - 23758 of 2021
Petitioner :- Vijay Laxmi Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Brijendra Kumar Counsel for Respondent :- C.S.C.,Ram Bahadur Singh
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
It is alleged that private respondents are interfering with petitioner's possession over Plot No.130 area 0.445 hectare situated at Sadar Khas, Uttar Bahar Chungi Sadar, Tehsil Sadar, District Shahjahanpur.
Apparently, the dispute raised in the writ petition is a dispute between the petitioner and private respondents. Such disputes can always be got resolved before the appropriate civil court. A writ petition is not the remedy for such disputes.
The writ petition is, accordingly, dismissed.
Order Date :- 22.11.2021 Bhaskar
1 issue framed by the court
Whether entitlement to a writ petition remedy exists for a possession dispute between private parties.
Vijay Laxmi
State Of U.P.
Ashwani Kumar Mishra
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
