Petitioner sought writ protection against threat of illegal dispossession from private parties. Bench held alternative remedies exist and dismissed petition.
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Court No. - 40
Case :- WRIT - C No. - 5690 of 2021
Petitioner :- Shyam Lal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ripu Daman Singh,Bhupendra Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1 to 4; and perused the record.
The petitioner has some private dispute with the respondents 5 and 6 in connection with which, it appears, earlier Original Suit No.2299 of 2017 was filed and, later, some proceedings under Section 24 of the U.P. Revenue Code, 2006 were also initiated.
By complaining that there is threat of illegal dispossession from the private respondents, this writ petition has been filed for a direction upon State-respondents to protect life and property of the petitioner from the private respondents.
In case, the petitioner has any threat of illegal dispossession, he may institute a suit in a regular civil court or revenue court for enforcement of his property right, if any. In case of any untoward incident, the petitioner may also lodge a first information report and if the same is not registered, he can file a complaint or an application under Section 156(3) CrPC. As there are several other alternative remedies available to the petitioner, we decline to entertain this petition by leaving it open to the petitioner to take recourse to the alternative remedies.
The petition is disposed off.
Order Date :- 23.7.2021. Rks.
1 issue framed by the court
Whether the petitioners threat of illegal dispossession warrants grant of writ protection when alternative civil and criminal remedies exist
Shyam Lal
State Of U.P.
Manoj Misra
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
