Smt. Gyaneshwari Singh Vs State of U.P. and 7 Others

Court No. - 39

Case :- WRIT - C No. - 15164 of 2022

Petitioner :- Smt. Gyaneshwari Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Alok Kumar Singh Counsel for Respondent :- C.S.C.,Vijai Kumar Srivastava

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Hon'ble Attau Rahman Masoodi,J. Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State.

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It appears that a tenancy dispute between the petitioner and opposite party nos.7 and 8 is already subjudice before the competent civil court. It is during the pendency of a civil suit that some application was made to the District Magistrate, Rampur by the landlord on the basis of which, the District Magistrate, Rampur seems to have issued some oral directions for eviction of the petitioner's husband from the house in dispute. The order is passed against the petitioner's husband, who has not approached this Court.

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We are not satisfied that a writ petition at the instance of the petitioner would lie but looking the cumulative effect of the order which affects the petitioner as well, we may not reject the grievance altogether.

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We also deprecate the practice of issuance of any oral order by the District Magistrate, Rampur. Since the matter is pending before the competent civil court, it is thus expected that eviction of the petitioner shall not be resorted to except in accordance with law.

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The writ petition is, accordingly, disposed of.

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Order Date :- 26.5.2022 Bhaskar

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Digitally signed by BHASKAR Date: 2022.05.27 16:32:12 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Gyaneshwari Singh v. State of U.P. and 7 Others

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Smt. Gyaneshwari Singh v. State of U.P. and 7 Others

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