Court No. - 18
Case :- WRIT - C No. - 31021 of 2019 Petitioner :- Gajendra Kumar Singh And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ajad Singh,Shad Khan Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
This writ petition has been filed seeking the following material relief and no other :
"(i) issue a writ, order or direction in the nature of Mandamus directing and commanding the respondent no.3 to remove the illegal encroachment of the respondent nos.4 to 7 over the property of petitioners, i.e. Gata No.916-Ka and 916-Kha situated at Village- Lodhi,Pargana-Barahar, Tehsil-Robertsganj, District Sonbhadra.
(ii) issue a writ, order or direction in the nature of certiorari to quash/ set aside the order dated 18.8.2019 passed by the respondent no.3 (Annexure No. to the writ petition)."
At the hearing of the petition, Sri Shad Khan, learned counsel for the petitioners does not press the second relief. However, he has pressed the first relief above extracted. A perusal of the relief clause in the writ petition and the substance of his grievance in the petition shows that the petitioner is aggrieved by the illegal encroachment over property comprising Gata No.916-Ka and 916-Kha situated at Village-Lodhi,Pargana-Barahar, Tehsil- Robertsganj, District Sonbhadra by respondent Nos. 4 to 7. The petitioner wants this Court to issue a mandamus to respondent No.3, that is to say, the Sub-Divisional Magistrate, Tehsil Sadar, District Sonbhadra, to cause removal of the encroachment made by respondent Nos.4 to 7. In effect, the relief is nothing but one seeking to recover possession from these alleged tresspassers, who are private respondents. Apparently, there is no proceeding pending before respondent No.3, wherein under some law a statutory duty or duty of a public nature is cast upon Respondent No.3 obliging him to eject the alleged encroachers.
The relief is in the nature of enforcement of a private right to eject private respondents from the suit property. The Sub-Divisional Magistrate has no jurisdiction to interfere in a private dispute between the petitioner and respondent Nos. 4 to 7. That is the jurisdiction of a Competent Court of Civil or Revenue jurisdiction alone. It is open to the petitioner to approach the Competent Court of Civil or Revenue jurisdiction seeking such relief as may be advised, in a duly constituted Suit.
Subject to what has been said above, this Court does not find any merit in this petition.
The writ petition is dismissed in limine.
Order Date :- 26.9.2019 NSC