The High Court declined to interfere under Article 226 as the petitioner's apprehension of land grabbing is actionable under common civil law, directing him to seek civil remedies instead.
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Court No. - 21
Case :- WRIT - C No. - 18429 of 2022
Petitioner :- Dabbu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant petition has been filed praying for a mandamus directing the respondent nos. 2 and 3 to take action against private respondent no.4 who is alleged to be grabbing the property of the petitioner.
The petitioner admits that he had sold some of his land to respondent no.4. He also admits that his brother has also executed a sale deed in favour of the respondent no.4.
In the above backdrop, we are of considered opinion that in case the petitioner apprehends that respondent no.4 would grab some other land which is still owned by the petitioner, he may avail remedy under common civil law. We accordingly decline to interfere with the matter under Article 226 of the Constitution.
The petition is disposed of with liberty reserved in favour of the petitioner to avail such other remedy as may be advised.
Order Date :- 7.7.2022 Imroz
(Dr. Y. K. Srivastava, J.) (Manoj Kumar Gupta, J.)
Digitally signed by MOHAMMAD IMROZ KHAN Date: 2022.07.07 16:50:09 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should exercise jurisdiction under Article 226 to direct action against a private individual alleged to be grabbing land.
Whether a civil remedy is available for the petitioner regarding disputed land ownership.
Dabbu
State Of U.P.
Manoj Kumar Gupta
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
