Court No. - 3
Case :- WRIT - C No. - 25039 of 2020 Petitioner :- Geeta Devi Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Rohit Sharan Tomar,Rohit Sharan Tomar Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
The prayer in this petition is to command the respondents, particularly, respondents 6, 7 and 8 to secure possession of the house purchased by the petitioner from one Munni Devi.
According to the petitioner, she was delivered possession but the respondent no.9, who is a private individual, and her associates have taken possession of which a complaint was filed, inter alia, under Section 447 IPC and the matter is pending.
As there appears dispute between two private individuals in respect of right and possession of immovable property, in absence of any adjudication by the civil court, while keeping in mind that the matter relating to criminal trespass is already engaging attention of the court, we decline to entertain this petition in exercise of our writ jurisdiction and leave it open to the petitioner to institute a suit or take recourse to such other legal remedy, as may be advised.
Subject to above, the petition is dismissed.
Order Date :- 8.1.2021 AKShukla/-