Court No. - 32
Case :- WRIT - C No. - 24055 of 2019 Petitioner :- Delhu @ Pramod Kumar Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Janardan Prasad Patel,Dheeraj Kumar Yadav Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
This petition has been filed for the following reliefs:
"(a) Issue a writ, order or direction, in the nature of Mandamus directing to the respondent No. 2 to 4 not to disturb peaceful possession of the petitioner and decide the application dated 13.02.2019 and 16.02.2019 within stipulated period before this Hon'ble Court."
A perusal of record shows that the petitioner is seeking a direction against the private Respondents No. 5 to 10, who are allegedly the co-sharer and have allegedly taken the possession illegally over the share of the petitioner (property in dispute).
This Court in Writ Petition No. 50033 of 2015 (Jitendra Bahadur Singh Vs. State of UP & others) has held that the police and administrative authority must not interfere in the inter se dispute between two private parties in respect of immovable properties. In this regard, learned Standing Counsel has placed a Government Order dated 16.9.2015 issued by the Chief Secretary, Uttar Pradesh Government in pursuance of the order dated 4.9.2018 passed by this Court wherein it has been stated as follows:
"In this behalf, I am directed to say that while complying with Hon'ble High Court's order dated 04.09.2015 in letter & spirit, it be ensured that such matters of immovable property pending between the private parties, whose cases are pending before competent court or where Hon'ble Courts have passed interim order, no administrative order should be passed on miscellaneous applications. In future, if any such matter comes to the notice of the Government, then it shall be construed strictly and strict penal action shall be taken against the officers guilty for the same." [English Translation] Since the petitioner, in substance, is seeking relief against the private respondent, the present writ petition is not maintainable.
In view of the above, we do not see any justification to interfere in the matter. However, the petitioner, if so advised, may take proceedings before the appropriate forum in accordance with law.
With the above observation, writ petition stands disposed of.
Order Date :- 25.7.2019 vinay