Court No. - 3
Case :- WRIT - C No. - 24794 of 2020 Petitioner :- Ajay Kumar Bind And 2 Others Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Ramakant Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioners; learned Standing Counsel for respondents 1 to 6 and perused the record.
The grievance of the petitioners is that despite being bhumidhar of plot nos.211 and 212 Mi (Khata No.747) at village Shivpurwa, Pargana Dehat Amanat, Tehsil Sadar, district Varanasi, they are unable to raise boundary wall and rasta to access the plots on account of hindrance caused by the respondents 7 to 11, who are persons of influence. The prayer thus is that a direction be issued to the State-respondents to provide protection to the petitioners to make necessary construction over their plots.
In case, there is any threat to the petitioners from the private respondents, it is always open to the petitioners to file a complaint or lodge a first information report in case of commission of any cognizable offence. The petitioners are also at liberty to file a civil suit against the private individuals in case of any interference in their property rights. But since the dispute is essentially between private individuals relating to property right, we decline to entertain this petition at this stage.
This petition is therefore disposed of by giving liberty to the petitioners to take recourse to other alternative remedies, as may be advised.
Order Date :- 5.1.2021. Rks.