Court No. - 40
Case :- WRIT - C No. - 21628 of 2021 Petitioner :- Darshni Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar,Rahul Chaudhary Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner; learned Standing Counsel for the respondent nos.1, 2 & 3; and perused the record.
Though from the averments made in the writ petition, the facts are not clear but, from the submissions of the learned counsel for the petitioner, it appears that the accommodation of the petitioner has been demolished in an anti-encroachment drive carried out by the forest department, even though, since prior to that, petitioner's husband had filed a Suit No.136 of 2017 in the Court of Civil Judge (Junior Division), Auraiya, which is still pending, though its number has been wrongly transcribed as Case Crime No.136 of 2017 in the writ petition.
The prayer in this petition is to command the respondents to decide the claim of the petitioner in respect of her unauthorised eviction.
As the petitioner's husband has already instituted a suit as stated in paragraph 6 of the petition, the appropriate course for the petitioner is to claim substitution in that suit and pursue the same, if her husband is no longer alive.
With the aforesaid liberty, the writ petition is disposed of.
It is made clear that we have not expressed any opinion on the merits of the claim of the petitioner.
Order Date :- 24.9.2021 SK