Court No. - 29
Case :- WRIT - C No. - 19424 of 2018 Petitioner :- Arif Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sundeep Agarwal Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Petitioner has approached this Court making allegations that respondent no. 3, who is running a clinic/hospital on a plot adjacent to the plot of the petitioner, has illegally opened a door/gate towards the plot of the petitioner, which is lying in a vacant state and respondent no. 3 is making entry and exit through the plot of the petitioner against his will. It is further stated that petitioner made a representation ventilating his grievances before the District Magistrate, but no action has been taken, hence, a mandamus be issued commanding him to decide the same.
In our considered opinion, the dispute between the petitioner and respondent no. 3 is in respect of the opening of a gate and using the plot of the petitioner for entry and exit, which can only be decided in a civil suit. It is well settled that District administration has no power or authority to interfere in a civil dispute in respect of a property between two private persons.
In such circumstances, the relief prayed for to command the respondent no. 2 to decide the representation is not liable to be granted and the writ petition, accordingly, stands dismissed, leaving it open to the petitioner to avail the remedy, which may be available to him under common civil law, in case, he is so advised.
Order Date :- 28.5.2018 VKS