This Court dismissed a writ petition seeking possession of a house and action against police for allegedly allowing dispossession. The Bench held the matter was a private civil dispute and exercised no writ jurisdiction.
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Neutral Citation No. - 2024:AHC-LKO:54211-DB
Court No. - 3
Case :- WRIT - C No. - 6798 of 2024
Petitioner :- Smt. Munni Alias Shammo Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 4 Others Counsel for Petitioner :- Abdul Alim Khan Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner, learned standing counsel who appears on behalf of the State-respondent.
In view of the order proposed to be passed, issuance of notice to opposite party no. 5 is dispense with.
This petition has been filed by the petitioner with the following main prayers:-
"(I) A writ, order or direction in the nature of mandamus commanding thereby directing the opposite party nos. 2 &3 to restore the possession of the petitioner over house in question situated at Village Samad, Post Mawai, Dhamyana, Police Station Auras, Tehsil Hasanganj, District Unnao, in the interest of justice.
(II) A Writ, order or direction in the nature of mandamus commanding thereby directing the opposite party no.2 and 3 to take appropriate action against the anti-social elements/bhumafia as well as guilty police personnel who has dispossessed the petitioner from her house in question, in the interest of justice."
It has been submitted by learned counsel for the petitioner that the petitioner had got a house for a sale consideration of Rs. 3,00,000/- in Village- Samad, Post Mawai Dhamyana, Police Station Auras, Tehsil Hasanganj, District Unnao which has been taken over by the opposite party no. 5 forcibly as he is bhumafia. The petitioner has made a representation in this regard to the Superintendent of Police, Unnao, but no heed has been paid, hence, this petition has been filed with aforesaid
prayers.
We have gone through the representation made by the petitioner to the Superintendent of Police, Unnao, wherein, it has been stated that Nankau son of Maharaj Singh has taken over the petitioner's house forcibly and a prayer has been made to the Superintendent of Police to direct the police to take appropriate action in the matter.
From perusal of the representation, a copy of which has been filed as annexure 3 to the petition, it appears that it is purely a private dispute in between the petitioner and the opposite party no. 5. This Court sitting in writ jurisdiction cannot direct the District Authorities or even the Police Authorities to look here in such civil dispute.
This petition is disposed of with liberty to the petitioner to approach the competent civil court against the opposite party no. 5.
Order Date :- 7.8.2024 Mayank
Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the State can be directed to interfere in a private civil dispute regarding tenancy or possession of an unrelated house.
Whether a writ petition for possession in a private land dispute falls within the writ jurisdiction of this Court.
Whether police authorities can be directed to act against anti-social elements in a purely private civil dispute.
Munni Alias Shammo
State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko
Sangeeta Chandra
Shree Prakash Singh
As recorded by the court registry
2 orders share this CNR
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