Court No. - 3
Case :- WRIT - C No. - 9131 of 2018 Petitioner :- Fazal Ahmad Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Sanjay Kumar Singh, learned counsel for the petitioner. Learned Standing Counsel has appeared for the respondents no.1 to 7 & Sri Anand Prakash Srivastava, learned counsel for the private respondents no. 8 to 12.
The petitioner has filed this writ petition seeking a direction upon the respondents not to dispossess him from the house in question, to issue suitable direction for action against the respondents no.6 and 7 and to ensure the safety of the petitioner and his property.
The allegations as made in the writ petition reveals that there is a private dispute between the petitioner and the respondents no.8 to 12 in respect to the house in question.
The petitioner has already instituted a civil action in the form of original suit no.9 of 2018 (Fajal Ahmad Vs. Akhtari Bibi) wherein he has been granted interim injunction.
Learned Standing Counsel on the basis of the instructions has informed that the respondents no.6 and 7 are not at all involved in any manner with the above dispute and that it was only on information to the police authorities that they were went on the spot to maintain the peace between the rival group.
In case the aforesaid injunction is being flouted, the remedy of the petitioner is by moving an application under Order XXXIX Rule 2 A of the C.P.C. for its dis-obedience which she has already filed.
In view of the above, it is not a matter of which no cognizance could be taken in exercise of the discretionary jurisdiction.
In view of the aforesaid facts and circumstances, the writ petition is disposed of with the observation that the Police will not involve itself in the private dispute of the petitioner vis-a- vis respondents no.8 to 12 except for the maintenance of law & order and for the protection of the property of the parties. The petitioner at the same time pursue her application for disobedience of the interim injunction order before the civil court.
The writ petition is disposed of accordingly.
Order Date :- 30.3.2018 S.Sharma