Court No. - 21
Case :- WRIT - C No. - 25212 of 2020 Petitioner :- Durg Vijay Rai Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Raj Kumar Vaishya Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Petitioner is before this Court with the request to command the respondent no.2 to make necessary endeavours by directing the Station House Officer concerned, respondent no.3 to maintain the peace on spot by restraining the respondent nos.4 and 5 to make necessary hurdle in peaceful construction of the petitioner's house in question situated in Village Madhuvan, Tehsil Sagari, District Azamgarh over the part of gata no.17.
At the very outset, learned Standing Counsel raised a preliminary objection that the entire case has been set up by the petitioner against the private incumbents and as such, no interference is required in the matter.
Once such an objection has been made, this Court has proceeded to examine the record in question and finds substance in the contention raised by the learned Standing Counsel as admittedly the case has been set up against the private respondent nos.4 and 5 and as such, in the discretionary jurisdiction under Article 226 of Constitution of India no relief can be extended by this Court and in case the petitioner has any grievance, he is at liberty to file a suit before the Court below. We also make it clear that in case an incumbent is trying to take law into his own hand, then the common law remedy is invoked by the petitioner as is provided for under Code of Criminal Procedure, but as far as this Court is concerned, this Court cannot accord any relief to petitioner, as has been prayed by her.
With these observations, the writ petition is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.1.2021 A. Pandey