Court No. - 38
Case :- WRIT - C No. - 7040 of 2018 Petitioner :- Basudev Gupta Respondent :- State Of U.P. Through Principal Secretary Home, U.P. Shasan Lucknow And 2 Others Counsel for Petitioner :- Shriprakash Shrivastava Counsel for Respondent :- C.S.C.
Hon'ble Ran Vijai Singh,J. Hon'ble Mukhtar Ahmad,J.
We have heard Sri Shriprakash Shrivastava, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of this writ petition, prayer has been made to issue a writ of mandamus directing the respondents to return the petitioner Rs. 2,20,077/-, which had been deposited for providing police force, vide receipt dated 22.9.2016.
It is submitted by learned counsel for the petitioner that for demarcation of the land in dispute under Section 41 of the U.P. Land Revenue Act 1901, writ petition no. 67755 of 2014 was filed before this Court and this Court has passed an order for demarcation. After the demarcation, possession of the demarcated land was not handed over to the petitioner. Hence, the petitioner has been compelled to file writ petition no. 39826 of 2015 in which an order was passed for handing over the possession.
Pursuant thereto, possession was handed over to the petitioner on 24.5.2015. After delivery of the possession, the petitioner, herein, has started construction of a house on his own land. However, the respondents, in writ petition no. 39826 of 2015 and writ petition no. 67755 of 2014, have started hindrance in construction of the house. In this regard, the petitioner has filed an application before the Superintendent of Police, Kushinager. From where, after obtaining the report, on the petitioner's application, an amount of Rs. 2,20,077/- was demanded by Superintendent of Police for providing police force.
It is submitted that pursuant to the order of the Superintendent of Police, required money has been deposited before the respondent no. 2, receipt of which has been brought on record as annexure 1 to the writ petition. It is contended that in the meantime, the respondents have obtained an interim order from the court of Settlement Officer Consolidation not to raise any construction. Pursuant thereto, no construction could be made.
It is submitted that prior to the stay order, no police force was provided by the Superintendent of Police. The submission is that in view of the fact that after the interim order and even prior to that, no police force was made available to the petitioner, therefore the respondents are illegally withholding the money deposited by the petitioner for providing the police force, hence appropriate direction be issued to the respondents no. 2 to return the money along with interest.
Without expressing any opinion on merit, we dispose of this writ petition with the liberty to the petitioner to file an application for redressal of his grievance before the respondent no. 2 along with certified copy of this order. The respondent no. 2, thereafter is directed to go through the contents of the application and pass an appropriate order on the application of the petitioner for return of the money. While passing the order, in case, he finds that after deposit of the money, no police force was sent, money shall be returned to the petitioner along with 6% interest. In case, he finds that the police force has been provided after deposit of the money, the records, relating to sending police on spot, be also perused and appropriate order be passed thereon giving its details.
With the aforesaid observation/direction, this writ petition is disposed of.
Order Date :- 28.2.2018 Pratima