Dismissed

Shiv Narayan Tiwari v. State of U.P. and 14 Others

Allahabad HC11 Jan 2021WRIC/27491/2020

Case brief

AI extract

What is this about?

Writ petition seeking direction to comply with an order to resolve a private land dispute was disposed of. The court held that private land disputes require civil suits or criminal remedies, which cannot be granted by this court under Article 226.

What did the court decide?

None granted; petition disposed of as it involves a private dispute requiring civil or criminal remedy.

Shiv Narayan Tiwari Vs State of U.P. and 14 Others — Writ and Judicial Review | Allahabad HC (2021)

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Court No. - 21

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Case :- WRIT - C No. - 27491 of 2020

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Petitioner :- Shiv Narayan Tiwari Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Neeraj Singh Counsel for Respondent :- C.S.C.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.

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Petitioner is before this Court with the request to command the respondent nos.4 & 5 to comply the letter/order dated 22.2.2020 passed by respondent no.3, whereby a direction has been issued to the respondent nos.4 & 5 to solve the matter within a week.

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The dispute inter-se petitioner and respondent nos.6 to 15 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 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.

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With these observations, the writ petition is disposed of.

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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.

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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.

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Order Date :- 11.1.2021 T. Sinha

Shiv Narayan Tiwari v. State of U.P. and 14 Others

Case brief

What is this about?

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Shiv Narayan Tiwari v. State of U.P. and 14 Others

Case brief

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