In Writ C No. 5744 of 2021, the High Court declined to issue directions to the State to protect petitioners' agricultural land from sand mafias. The court held that the petition lacked material particulars to disclose a cause of action, especially as no FIR was filed.
The petition was disposed off without issuing any direction.
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Court No. - 40
Case :- WRIT - C No. - 5744 of 2021
Petitioner :- Sripat And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Bahadur Shivhare Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners and the learned Standing Counsel for the State-respondents.
Without impleading any private person as respondents, this petition has been filed for a direction upon the State-respondents to protect the agricultural land of the petitioners by taking action against Sand Mafias.
If any person has interfered in the possession of the petitioners or has committed an offence in respect of their property, it is always open for the petitioners to take recourse to appropriate legal remedies such as filing a complaint or suit or a first information report.
Interestingly, in the instant case, it is not even disclosed whether the petitioners have lodged a first information report against any person.
Under these circumstances, in absence of material particulars to disclose a proper cause of action, we decline to issue any such direction as prayed for but leave it open to the petitioners to pursue his cause by moving appropriate application before the appropriate authority in the appropriate manner.
With the aforesaid liberty, the petition is disposed off .
Order Date :- 10.8.2021 Sunil Kr Tiwari
1 issue framed by the court
Whether the petitioners' request for directions to protect agricultural land from sand mafias is maintainable in the absence of a first information report (FIR) or specific cause of action.
Sripat And 8 Others
State Of U.P. And 2 Others
Manoj Misra
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
