Court No. - 3
Case :- WRIT - C No. - 25068 of 2020 Petitioner :- Brijesh Kumar Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Vikrant Pandey,Sarvjeet Kumar Counsel for Respondent :- C.S.C.,Krishna Kant Singh
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner; the learned Standing Counsel for the State-respondents 1 to 7; Sri Krishna Kant Singh for the respondent no. 8; and perused the record.
The prayer in this petition is to direct the respondents to adopt due process of law to ensure that the land of the petitioner is not encroached by the respondents 9 to 13, who are private individuals.
Ordinarily, a dispute between private individuals in respect of property rights is not to be entertained in writ jurisdiction as the appropriate forum for redressal of such grievances is the civil court which can look into the evidences of the parties and record finding on issues concerning title and possession. However, to enable protection of senior citizens and marginal sections of the society against land mafias there is a procedure notified by government notifications whereunder the district administration can swing into action and take certain measures.
In the instant case, there is no disclosure in the petition that the respondents 9 to 13 have been declared land mafia. Further, there is no disclosure whether any criminal cases are registered against them.
Under the circumstances, the dispute between two private individuals in respect of rights relating to immovable property can appropriately be addressed by a Civil Court or a Revenue Court, as the case may be, upon institution of a suit. We, therefore, decline to entertain this petition in writ jurisdiction but leave it open to the petitioner to take recourse to other appropriate legal remedies.
Subject to above, the petition is dismissed. Order Date :- 8.1.2021 Sunil Kr Tiwari