Court No. - 9
Case :- WRIT - C No. - 24885 of 2019 Petitioner :- Smt. Kala Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Surendra Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard.
This writ petition has been filed seeking the following three reliefs:-
"(i) issue a writ, order or direction in the nature of mandamus directing the respondents to restrain the respondent no. 5 not to raise any construction over the land of petitioner as Gata No. 162 Area 0.6000 hectare which is situated in Village Gangapur Tappa-Pawai, Pargana- Nagar Pakshim, Tehsil-Harraiya, District-Basti.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondents to given the possession of Gata No. 162 Area 0.6000 hectare which is situated in Village Gangapur, Tappa Pawai, Pargana-Nagar Pakshim, Tehsil-Harraiya, District-Basti in favour of petitioner.
(iii) issue a writ, order or direction in the nature of mandamus directing the respondents to take necessary step on the application of petitioner dated 14.12.2018 within stipulated period which is pending before the respondent no. 2 (Annexure No. 6 to this writ petition)."
In so far as the relief no. 1 is concerned, the petitioner seeks an injunction in the garb of a mandamus against private respondents. It is settled law that no mandamus could be issued to a private respondent.
Relief No. 1 prayed for in the writ petition cannot be granted.
In so far as the relief no. 2 is concerned, in case, the petitioner has been dis-possessed by the private respondent as appears to be the case his remedy lies not by means of the writ petition but, by means of suit for possession.
In so far as application dated 14.12.2018 is concerned, in this application also, the petitioner complains of unauthorized occupation or construction by the respondent no. 5 over her land.
In my considered opinion, the administrative authority on a mere application cannot dispossessed even an unauthorized occupant from land which is not state land or land belonging to the Gaon Sabha. As observed, the remedy available for the petitioner is either by proceedings for demarcation or a suit for possession. However, the relief, as framed in the writ petition cannot be granted.
Subject to the above, this writ petition stands dismissed.
Order Date :- 30.7.2019 sweta