Court No. - 38
Case :- WRIT - C No. - 42064 of 2018 Petitioner :- C/M Of Prabhu Narayan Union Club And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manish Singh Counsel for Respondent :- C.S.C.,Ashwaini Mishra,Rajeev Giri
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri Manish Singh, learned counsel for the petitioners, learned Standing Counsel appearing for the State-respondents and Sri Ashwani Mishra, learned counsel appearing for the caveator.
By means of this writ petition the petitioner no.2, who claims himself to the Chairman of the Managing Committee of Prabha Narayan Union Club, is seeking a direction to restrain respondent no.6 from entering into the Club.
Learned counsel for the petitioners submits that the Managing Committee has expelled respondent no.6 from the Membership but it is claimed that the expulsion order has not been challenged but the respondent no.6 is forcibly entering into the club premises.
The dispute raised in this writ petition is purely of civil nature and a private dispute and, therefore, writ petition is not maintainable. The another prayer made in this writ petition is for providing security and to take action against respondent no.6. In case, there is any threat perception from respondent no.6, the petitioners are at liberty to approach the Police Authority by filing an FIR and in the alternative they can go before the Judicial Magistrate under Section 156(3) Cr.P.C. In a writ proceeding, such orders cannot be passed.
The writ petition is mis-conceived and it is, accordingly, dismissed.
Order Date :- 19.12.2018 SKM
(Vivek Varma,J.) (Abhinava Upadhya,J.)