Writ petitioner complained of illegal possession by private respondents and sought police action. Court dismissed petition as civil dispute between private parties already before civil court.
Motion for police action and possession handover against private respondents dismissed without prejudice to civil/criminal remedies.
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Court No. - 40
Case :- WRIT - C No. - 7006 of 2021
Petitioner :- Vinay Kumar Rai Respondent :- State Of U P And 9 Others Counsel for Petitioner :- Dhanbeer Mishra Counsel for Respondent :- C.S.C.,Ashok Kumar Singh
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner; the learned Standing Counsel for the respondent nos.1 to 4; and perused the record.
From the submissions of the learned counsel for the petitioner, the grievance of the petitioner appears to be that the respondent nos.5 to 10, who are private persons, have taken illegaly possession of petitioner's property and have, thereafter, instituted Original Suit No.403 of 2019 against the petitioner and others.
The prayer in this petition is that the fourth-respondent (Station House Officer, Police Station Kopaganj, District Mau) be directed to take action against the private respondents and hand over possession of the property to the petitioner.
As the matter is already engaging the attention of the civil court, and the dispute is between private persons in respect of private property, the petition as framed is misconceived and is dismissed accordingly without prejudice to the right of the petitioner to take recourse to ordinary civil or criminal proceedings in appropriate jurisdiction.
Order Date :- 20.7.2021 SK
Vinay Kumar Rai
State Of U P
9 Others
Manoj Misra
Jayant Banerji
As recorded by the court registry
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