Dismissed

Ram Pal v. State of U.P. and 12 Others

Allahabad HC23 May 2023WRIC/5888/2023

Case brief

AI extract

What is this about?

A writ petition to restore possession of four shops by opening locks and punishing officials who illegally evicted the petitioner. The court directed respondents to produce with keys. Upon submission of keys with an undertaking not to interfere, the court ordered restoration of possession and dismissed the petition.

What did the court decide?

Restoration of possession granted by handing over keys; writ petition dismissed.

Ram Pal Vs State of U.P. and 12 Others — Property and Title | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:112905-DB

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Court No. - 3

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Case :- WRIT - C No. - 5888 of 2023 Petitioner :- Ram Pal Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Ashish Kumar Singh,Deepak Kumar Singh,Vishnu Singh Counsel for Respondent :- C.S.C.,Amar Nath Pandey,Anil Kumar Rai,Samarath Singh

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Anish Kumar Gupta,J.

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Heard Sri Ashish Kumar Singh, learned counsel for the petitioner, Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the respondent nos. 1 to 10 and Sri V.K. Singh, learned Senior Advocate, assisted by Sri Avnish Kumar Rai, learned counsel for the respondent nos. 11, 12 & 13.

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2. This writ petition has been filed praying for the following reliefs :

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"a. Issue a writ, order or direction in the nature of mandamus commanding the Respondent Authorities to restore the possession of the petitioner by opening the lock of all the four shops from which the petitioner herein was dispossessed on 30.01.2023.

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b. Issue a writ, order or direction in the nature of mandamus commanding the Respondent Authorities to summon the opposite party No. 6, 8 & 10 and punish them for taking law k their own hand by violation of the government order dated 03.08.2022 the executive instruction issued by the Director General of Police dated 19.12.2015.

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c. Issue a writ, order or direction in the nature of mandamus commanding the Respondent Authorities particularly the Respondent no.1 to take disciplinary action against the respondent No. 5, 7&9 and other police personnel who forcefully dispossessed the petitioner herein from his own property i.e. four shops situated at plot No. 21-M area 3 desimal, Bhaluwahi, Pathana Rari, Tehsil Badlapur, District Jaunpur under the order passed by Sub Divisional Magistrate, Badlapur, Jaunpur."

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3. On 09.05.2023, this Court passed the following order :

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"1. Sri V.K. Singh, learned counsel for respondent nos. 11, 12 & 13, states that counter affidavit has been filed on 05.05.2023 which is not on record.

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2. Office is directed to trace it out and place it on record.

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3. Rejoinder affidavits filed today by the learned counsel for the petitioner is taken on record.

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4. Learned counsel for the petitioner has drawn our attention to paragraph no. 25 of the writ petition in which averments have been made to the effect that the Police Officials and the SDM were present on spot to dispossess the petitioner forcibly from the disputed shop and submits that the averments made in Paragraph Nos. 7 and 8 of the writ petition to the effect that the petitioner is the co-sharer of the property in question, has not been denied by the respondent nos. 11, 12 & 13 in their counter affidavits and as such it is established that the petitioner is the co-owner and was in possession of the disputed shop from which he has been illegally evicted with the help of the respondent no. 5 and Police of the concerned Police Station.

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5. Learned Additional Chief Standing Counsel has produced before us instructions of the respondent no. 5 dated 08.05.2023 annexing therewith the order of the respondent no. 4 dated 28.02.2023 addressed to the area Lekhpal and SHO (B) as under ;

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" " कक० ननियममानिनुसमार कमायरवमाहही करर। शम ा नति व्यवस्थमा बनिमायये रखर The aforesaid application of the respondent no. 11 on which the respondent no. 5 has passed the

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aforequoted order, is reproduced below:-

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सयेवमा मर

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शहीममानिन् उपजजिलमाजधिकमारही महहोदय , बदलमापनुर जिजौनिपनुर।

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नवषय - पमाथቕኍ ककी दनुकमानि नकरमाययेदमार दमारमा नि खमालही करनिये कये सम्बन्धि मर।

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महहोदय ,

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समादर ननिवयेदनि हहै नक पमाथቕኍ रमामलमाल पनु्ቔ गाሸगमा पसमाद , गमाम पनुरमा लमाल , थमानिमा बदलमापनुर जिनिपद जिजौनिपनुर कमा ननिवमासही हहै। पमाथቕኍ बदलमापनुर तिहसहील कये पशशቐኌमही दमार कये समामनिये जिमहीनि खरहीद कर दनुकमानि बनिमाकर भमाडये पर नवपकही अरूण कनुममार मजौयमार पनु्ቔ रमामपमाल , गमाम ऊदपनुर गयेल्हवमा , परगनिमा रमारही , तिहसहील बदलमापनुर , जजिलमा जिजौनिपनुर कहो दनुकमानि रयेन्ट एगहीमयेन्ट पर नदयमा थमा , जजिसकमा एगहीमयेन्ट पपूणर हहोनिये कये बमाद भही नवपकही खमालही निहीሻ कर रहये हहाሸ। दनुकमानि खमालही करनिये कये जलए कहनिये पर नवपकही खमालही निहीሻ कर रहये हह। दनुकमानि खमालही करनिये कये जलए कहनिये पर नवपकही गमालही - गलजौजि करतिये हहै और ममारनिये - पहीटनिये ककी धिमककी दयेतिये हह , जजिससये पमाथቕኍ कमाफकी परयेशमानि हह। पमाथቕኍ ककी दनुकमानि खमालही करमायमा जिमानिमा अनति आवशयक हहै। पमाथरनिमा प्ቔ कये समाथ बहैनिमामर ककी फहोटहो कमापही , एगहीमयेन्ट एवाሸ सनुलहनिमाममा साሸल्ሿ हह।

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अतितः शहीममानिन् जिही सये ननिवयेदनि हहै नक पकरण कमा साሸजमानि लयेतिये हहए पमाथቕኍ ककी दनुकमानि खमालही करमातिये हहए नवपकही नकरमाययेदमार कये जखलमाफ कमानिपूनिही कमायरवमाहही करनिये ककी ककपमा करर।

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पमाथቕኍ रमामलमाल पनु्ቔ गाሸगमा पसमाद गमाम पनुरमालमाल , थमानिमा बदलमापनुर तिहसहील बदलमापनुर , जिनिपद जिजौनिपनुर।

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6. List/put up on 15.05.2023 at 3:00 P.M. in the additional cause list before the appropriate Bench. "

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Yesterday, i.e. on 22.05.2023, this Court passed the following order :

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"1. We have passed several orders in this writ petition but it appears that the State-respondents are playing hide and seek. On our pointed query as to who is keeping the keys of the shop in question, it has been informed to us by Shri V.K. Singh, learned Senior Advocate representing the private respondent nos.11, 12 and 13 that the keys of the shop in question are with the administration. Same is the allegation of the petitioner. Thus, it prima facie appears that the State-respondents are repeatedly taking false stand and making false averments before this Court. 2. The matter being very serious reaching to a situation that authorities of the State are prima facie making false statements and averments before this Court, therefore, we direct the respondent nos.3, 4 and 5 to remain personally present before this Court tomorrow at 10 A.M. alongwith the keys of the shop in question and explain their conduct.

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3. Put up this case tomorrow at 10 A.M."

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Learned Additional Chief Standing Counsel states that all the State - respondents particularly the respondent nos. 3, 4 & 5 who are also personally present in Court, tender their unconditional apology and give an undertaking that the instances of interfering in private disputes relating to land or tenancy, shall never be repeated and they shall not indulge in such disputes except by authority of law. They further state that in such matters, if required, relevant provisions of the Criminal Procedure Code, to maintain law and order shall be invoked. Learned Additional Chief Standing Counsel further states that respondent no.5 is a new entrant in service and, therefore, a lenient view may be taken. Sri V.K. Singh, learned Senior Advocate states that the respondent

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nos. 11, 12 and 13 are handing over the keys of the shops in question to the petitioner in Court with liberty to initiate appropriate proceedings in a competent court of law for eviction of the petitioner.

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The respondent nos. 11, 12 and 13 through the learned counsel Sri V.K. Singh, has handed over the keys of the disputed shop to the counsel for the petitioner in Court.

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Since the keys have been handed over and the possession of the petitioner over the shop in question has now been restored, therefore, the relief as sought by the petitioner stands granted to the petitioner.

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Looking into the request of learned Additional Chief Standing Counsel, we do not propose to proceed against the State - respondents particularly in view of the undertaking given by him as recorded above.

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For all the reasons aforestated, the present writ petition is disposed of with liberty to the respondent nos.11, 12 and 13 to initiate appropriate proceedings in a competent court of law for redressal of his grievances against the petitioners.

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Personal presence of Sri Anuj Kumar Jha, District Magistrate, Jaunpur, Sri Ajay Pal Sharma, Superintendent of Police, Jaunpur and Sri Rishabh Pundeer, Sub Divisional Magistrate, Tehsil Badlapur, District - Jaunpur , who are personally present in Court is hereby exempted.

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Order Date :- 23.5.2023/vkg

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Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad

Ram Pal v. State of U.P. and 12 Others

Case brief

What is this about?

What did the court decide?

Ram Pal v. State of U.P. and 12 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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