The High Court dismissed the petitioner's writ petition seeking a direction to the District Magistrate to stop interference in her construction. The Court held it had no power to issue such directions and the petitioner must seek an injunction through civil proceedings.
The writ petition was dismissed; no direction issued to the District Magistrate.
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. - 52
Case :- WRIT - C No. - 8426 of 2023
Petitioner :- Samim Bano Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vinod Kumar Tirpathi,Nimesh Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Kshitij Shailendra,J.
Heard Sri Nimesh Kumar Shukla, learned counsel for the petitioner and the learned Standing Counsel for the Staterespondents.
The grievance of the petitioner is that the private respondents are interfering in the construction activity of the petitioner and that she has moved a representation dated 08.09.2022 before the District Magistrate, Jaunpur, which is pending consideration.
I have perused the writ petition as well as the representation moved before the District Magistrate, Jaunpur. A perusal of the representation shows that some civil suit was filed in between the parties, which was dismissed ex-parte by order dated 17.01.2017.
Learned counsel for the petitioner submits that there is no stay order from any court of law and she is rightful owner of the property and police aid be provided to her so that she may raise construction as the private respondents are interfering in the said activity.
This Court cannot issue a direction to the District Magistrate concerned to pass any injunction order restraining interference either in the possession of the petitioner or in the construction activity. In case private persons are interfering in the possession of the petitioner in any manner whatsoever, she has a remedy of filing suit and claim temporary injunction from the court concerned.
In view of the above, no direction to consider the representation of the petitioner can be issued. The writ petition is dismissed for the reliefs claimed therein, however making it open for the petitioner to avail remedy under the civil/revenue law against the private respondents, as she may be advised.
Order Date :- 4.4.2023 AKShukla/-
Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad
2 issues framed by the court
Whether this Court can issue a direction to the District Magistrate to restrain interference in the petitioner's construction activity
Whether the petitioner is entitled to police aid under a writ petition arising from civil suit disputes over property possession
Samim Bano
State Of U.P.
Kshitij Shailendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
