The court declined to entertain a writ petition for protection in a private property dispute as no suit with injunction was mentioned. The matter was disposed of directing the petitioners to file a regular suit.
Petition dismissed leaving it open to institute a regular suit before appropriate court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 40
Case :- WRIT - C No. - 9837 of 2021
Petitioner :- Anwar Ahmad And Another Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Rajesh Rai Counsel for Respondent :- C.S.C.,Dharmaveer Singh
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
The petitioners are relatives of private respondents 5 to 12 and, according to the petitioners, a partition has already taken place several decades back.
It is the case of the petitioners that private respondents 5 to 12 have been interfering in the possession of the petitioners over House No. 112 and 109A, Mohalla Hatthi Madavi, Maunath Bhanjan, District Mau.
To protect their possession and property, a direction is sought upon the State-respondents to provide protection against respondents 5 to 12.
Nothing has been stated in the petition to demonstrate that the petitioners have instituted a suit and obtained an injunction against the respondents 5 to 12 and that despite injunction order, the respondents 5 to 12 have interfered in the possession of the petitioners.
Under these circumstances, keeping in mind that it is a case of private property dispute between private individuals, we decline to entertain this petition and dispose it off by leaving it open to the petitioners to institute a regular suit or proceeding before appropriate court/forum, as may be advised.
Order Date :- 3.8.2021 Sunil Kr Tiwari
1 issue framed by the court
Whether direction for protection should be issued in a private property dispute without prior judicial proceedings.
Anwar Ahmad and Another
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
