Court No. - 42
Case :- WRIT - C No. - 16296 of 2021 Petitioner :- Ganga Dei Respondent :- State Of Uttar Pradesh Through Home Sec.
Counsel for Petitioner :- Deepak Kumar Pandey
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
Present writ petition has been filed seeking a direction to the respondents no. 2 and 3 to take decision on the complaint dated 25.11.2020 within certain stipulated period of time as this Court may deem fit and proper considering the facts and circumstances of the case and also to direct the respondent no. 3 to stop the illegal encroachment made by respondent no. 4 and maintain law and order during the pendency of suit for partition filed under Section 116 of U.P. Revenue Code bearing no. T201802030902776 Parasnath Vs. Mo. Shahzade and others before the Sub Divisional Magistrate, Koraon.
Sri Siddharth Singh, learned Additional Chief Standing Counsel has produced a copy of the instructions received from the Senior Superintendent of Police, Prayagraj, respondent no. 3.
It is not in dispute that one injunction suit in the Civil Court and one partition suit under Section 116 of the U.P. Revenue Code, 2006 are pending before the competent court. In the instructions this fact has been highlighted and it has been further stated that on the complaint of the petitioner dated 25.11.2020 Case Crime No. 254 of 2021 under Section 506 IPC has also been registered, which is under investigation. It has nowhere been stated in the writ petition that any interim injunction is operating in favour of the petitioner. Learned counsel for the petitioner was also not able to inform the Court in this regard.
In such view of the matter, this writ petition is misconceived and is, accordingly, dismissed.
This case has been placed in the E-Court cases. Therefore, Sri Siddharth Singh, learned Additional Chief Standing Counsel is directed to upload the instructions so that they are kept on record.
No costs.
Order Date :- 27.7.2021 p.s.
Digitally signed by Justice Vivek Kumar Birla Date: 2021.07.27 16:32:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad