A habeas corpus petition by an advocate allegingillegal detention and encroachment withdrawal as the petitioner was not in custody the court permitted a representation addressed to the Superintendent of Police within 45 days.
Directions Respondent No.2 to consider and decide the petitioner's representation by passing a reasoned order within 45 days.
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Court No. - 50
Case :- HABEAS CORPUS WRIT PETITION No. - 1048 of 2022
Petitioner :- Jay Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- P.K. Upadhyay,Jay Singh Counsel for Respondent :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the petitioner and learned AGA for the State.
Learned counsel for the petitioner submitted that instant habeas corpus writ petition is filed by the petitioner Jay Singh resident of village and post Karaundi Kala, P.S. Sureri, District Jaunpur and is a practicing advocate of this Court. The petitioner is Bhumidhar of Arazi no. 140 area 0.0136 hectare lying in the village; the petitioner had acquired this land after the death of his father through succession in the year 2021; some persons started making encroachment over the said land; the petitioner informed the police about the construction but the local police had not cooperated and he was detained in illegal custody for four hours and during that period, illegal construction was made by the opposite party with the collusion of local police; the petitioner also approached the District Magistrate and Superintendent for removal of illegal encroachment but no action has been taken by them.
Learned AGA submits that as the petitioner is not lying in the illegal custody by the private respondent at present, thus the present habeas corpus writ petition is not maintainable.
Learned counsel for the petitioner submits that a direction may be given to the Superintendent of Police to take appropriate action on his representation; copy thereof is filed as annexure-1 to the petition.
The present habeas corpus writ petition is disposed off directing the respondent no. 2 to consider and decide the representation of the petitioner by passing a reasoned order within a period of 45 days from the date of receipt of certified copy of this order. The petitioner is also at liberty to seek legal remedy as available to him before the appropriate court.
Order Date :- 23.1.2023 Dhirendra/
Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad
Jay Singh
State Of U.P.
Respondent No.2
Resident No.1
Respondent No.3
Respondent No.4
Dhirendra Kumar
As recorded by the court registry
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