Court No. - 40
Case :- WRIT - C No. - 18792 of 2021 Petitioner :- Aftab Jeelani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santoosh Kumar Dwivedi Counsel for Respondent :- C.S.C.,Chandra Sekhar Pandey
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner; learned Standing Counsel for respondent nos. 1 and 2 and have perused the record.
It appears from the record that the fourth respondent, Jaheena Khan moved an application before the District Magistrate complaining that her husband has been assaulted by persons and those persons have illegally grabbed possession. The District Magistrate on the said application directed the Sub- Divisional Magistrate, Sadar to constitute a team to consider her grievance.
It appears that thereafter on 1.1.2021, the Joint Magistrate (Sub- Divisional Magistrate, Sadar, Gorakhpur) submitted a report that the encroachment has been removed.
The contention of the learned counsel for the petitioner is that the administration has exceeded its jurisdiction by interfering in the private affairs of parties in respect of private property.
It appears from the record that the petitioner has already instituted a suit being O.S. No. 530 of 2020 in the court of civil Judge( Junior Division), Gorakhpur against Smt. Parveen wife of Anwar Khan. The respondent No.4 has also been described as wife of Anwar Khan, though it is not clear whether alias name of respondent no.4 is Parveen against whom the petitioner has instituted the suit.
Be that as it may, as according to the report, the encroachment has been removed in the month of March 2021 and now we are in the month of August 2021, the appropriate course for the petitioner is to seek appropriate relief in the pending civil suit or he may institute a fresh civil suit if there is a fresh cause of action.
With the aforesaid liberty, the petition is disposed of.
Order Date :- 12.8.2021 sfa/