Court declined to entertain a writ petition seeking action against private respondents for allegedly grabbing the petitioner's house, holding it to be a private property dispute given colour of crime.
No relief granted; petition declined to be entertained.
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Court No. - 40
Case :- WRIT - C No. - 7066 of 2021
Petitioner :- Harish Chandra @ Hari Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ashok Kumar Srivastava,Indrajeet Kumar Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
The prayer in this petition is to command the District Magistrate/Collector, Hathras to take action against respondent nos. 3 to 9, who are private persons, for illegally occupying/grabbing the house of the petitioner at village Arniya Talesara, Tehsil-Sikandra Rau, District Hathras.
There is nothing on record to show that in respect of alleged house grabbing a first information report was lodged or an application under Section 156(3) CrPC was made, even though it is alleged that the house grabbing took place on 18.09.2020. Further, it is not demonstrated that the respondents 3 to 9 are persons with criminal antecedents.
Under the circumstances, it appears to us that a private property dispute between the petitioner and the respondents 3 to 9 has been given colour of house grabbing to secure jurisdiction for the District Magistrate.
We, therefore, decline to entertain this petition and dispose it off without prejudice to the right of the petitioner to take recourse to ordinary civil or criminal remedies as may be advised to him.
The petition stands disposed off .
Order Date :- 22.7.2021 Sunil Kr Tiwari
1 issue framed by the court
Whether writ jurisdiction can be invoked for private property dispute disguised as house grabbing.
Harish Chandra @ Hari Singh
State Of U.P.
8 Others
Manoj Misra
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
