Court No. - 32
Case :- WRIT - C No. - 7259 of 2021 Petitioner :- Kishor Kumar Agrawal Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Yogesh Singh Counsel for Respondent :- C.S.C.,Satendra Pratap Singh
Hon'ble Rohit Ranjan Agarwal,J.
A personal affidavit has been filed by Superintendent of Police, Chandauli today, which is taken on record. Station House Officer, P.S. Kotwali Mugalsarai, District Chandauli is present in the Court who is identified by Sri Shravan Kumar Dubey, learned Additional Chief Standing Counsel.
In paragraph nos. 5 and 6 of the affidavit, it is stated that police department is not interfering in the matter and have no concern regarding ownership of the land which is beyond the jurisdiction of the police.
The sole question which is haunting the Court is that why a common man of the State will approach the High Court making a complaint against the police official. It requires great courage to make a complaint against the police in the Court as every citizen is aware of the repercussion that in case his complaint fails or any action is taken against the officials of the police department the situation will not be same as before.
In the present case petitioner before this Court is bhumidhar of plot no. 233/11 measuring 0.081 hectare, plot no. 233/26 measuring 0.065 hectare, plot no. 233/11M measuring 0.0060 hectare and plot no. 233M/18 measuring 0.0750 hectare at Village Mahmudpur, Pargana Mavai, Tehsil Mugalsarai, District Chandauli. A declaration under Section 143 of U.P.Z.A. & L.R. Act was made on 15.09.2010. Further Nagar Palika Parishad, Pt. Deen Dayal Upadhyay Nagar, Chandauli on 31.12.2020 had informed the petitioner that the land in question is not registered as a pond in the revenue records of the Parishad. The grievance of the petitioner is that Station House Officer, P.S. Kotwali Mugalsarai, is harassing and not permitting to make construction over the land in question. The action of the police was challenged before this Court and on 29.07.2021 and 12.08.2021, this Court passed following orders;
"29.07.2021 Heard.
Learned Standing Counsel has received instructions from the office of the fourth respondent. It is urged that the revenue officers are not interfering.
Attention of the Court has been drawn to the communication dated 11 March 2019 issued by the concerned thana to the fourth respondent, wherein, it has been stated that the police officials have stopped the work on the spot. Report of the Lekhpal dated 16 March 2019, on spot enquiry and after examining the revenue records clearly records that the disputed land is a private property recorded as bhumidhari of the petitioner, which is a low lying land and it is not recorded as a public utility land.
In view thereof, the third and sixth respondents, Superintendent of Police, District Chandauli and Station House Officer, P.S. Kotwali Mugalsarai, District Chandauli, respectively, shall show cause by filing personal affidavits, under what circumstances, police officials have interfered with the private property of the petitioner. The sixth respondent shall appear before the Court along with the records on the next date fixed.
Put up this case on 12 August 2021, as fresh. " "12.08.2021 A personal affidavit has been filed today by Sri Amit Kumar, Superintendent of Police, Chandauli, District Chandauli.
Upon pointing out that the affidavit was contrary to the finding which has been arrived at by the Revenue Authorities, learned Additional Chief Standing Counsel prayed that he may be permitted to withdraw the affidavit. He also prayed that an opportunity be granted to the deponent to file a better affidavit.
Instructions as have been received by the learned Standing Counsel, filed today be kept on record.
Place this case on 20.08.2021 as fresh.
On the next date fixed, a fresh affidavit of the Superintendent of Police be filed. The Respondent No.6 may also appear along with the relevant records."
Pursuant to which a fresh personal affidavit of Superintendent of Police, Chandauli has been filed today as well as Station House Officer, P.S. Kotwali Mugalsarai, is present in the Court.
Learned Standing Counsel states that police has no role in the matter and petitioner is free to raise construction over the land in question.
With the undertaking given by Superintendent of Police, Chandauli in the form of personal affidavit as well as the statement of learned Additional Chief Standing Counsel, writ petition is disposed of with a direction to respondent no. 6 not to interfere in the peaceful possession of the petitioner and, in case, any obstruction is made by the officer concerned, petitioner shall move an application in the writ petition on which Court shall take appropriate action against the officer concerned.
With the aforesaid directions, writ petition is disposed of with warning to respondent no. 6.
Order Date :- 24.8.2021 Shekhar