The Court dismissed a writ petition where the petitioner sought state intervention for non-delivery of possession of private property against private vendors, holding that ordinary civil remedies are the appropriate course of action.
None; the writ petition was dismissed.
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Court No. - 40
Case :- WRIT - C No. - 7037 of 2021
Petitioner :- Vinod Kumar Sonkar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
The list of fresh cases has been revised. None is present for the petitioner. The learned Standing Counsel is present for the respondent nos.1 to 4.
We have perused the record.
The grievance of the petitioner appears to be against respondents 5 and 6 who, though, have executed sale deed in favour of petitioner's mother but have not delivered possession. Through this petition, a direction has been sought on Staterespondents to ensure that possession is delivered to the petitioner.
As the grievance of the petitioner is against private persons in respect of a private property, for such a relief the appropriate course for the petitioner is to take recourse to the ordinary civil remedies in a civil court or a revenue court, as advised. A writ petition for such a relief is completely misconceived.
Subject to above, the writ petition is dismissed .
Order Date :- 20.7.2021 SK
2 issues framed by the court
Whether a writ petition from state respondents can provide relief for non-delivery of possession of private property against private persons.
Whether the petitioner's grievance against private respondents lies within the territorial competence of a writ court.
Vinod Kumar Sonkar
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
