This Court disposed of a writ petition filed to direct the eviction of private occupants from bhumidhari land. A preliminary objection held by the State that the dispute involved private individuals meant no scope for judicial intervention via Article 226, leaving the petitioner to file a civil suit.
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Court No. - 21
Case :- WRIT - C No. - 27597 of 2020
Petitioner :- Ramdev Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Satya Prakash Shukla 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 Sri Sanjay Kumar Singh, learned Additional Chief Standing Counsel.
Petitioner is before us with a prayer directing the respondent no. 2 to get vacate the bhumidhari land of the petitioner over Arazi No. 1780, 1930/1780 and 1794M situated at village Jamual, Pargana Agori, Tehsil Robertsganj, District Sonebhadra from the illegal occupation of respondent nos. 6 to 9.
At the very outset, learned Additional Chief Standing Counsel raised a preliminary objection that the entire case has been set up by the petitioner against the private incumbents and as such, no interference is required in the matter.
Once such an objection has been made, this Court has proceeded to examine the record in question and finds substance in the contention raised by the learned Additional Chief Standing Counsel as admittedly the case has been set up against the private respondent nos. 6 to 9 and as such, in the discretionary jurisdiction under Article 226 of Constitution of India no relief can be extended by this Court and in case the petitioner has any grievance with regard to possession over the property in dispute, he is at liberty to file a suit before the court below. In the facts and circumstances of the case, no interference is required by this Court. However, it is open to the petitioner to institute a suit.
With these observations, writ petition is disposed of .
Order Date :- 21.1.2021 A.K.Srivastava
Ramdev
State Of U.P.
8 Others
Mahesh Chandra Tripathi
Sanjay Kumar Pachori
As recorded by the court registry
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