Court No. - 39
Case :- WRIT - C No. - 19038 of 2021 Petitioner :- Kr. Rabiya Habiab And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Azad Khan Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
The prayer made in the instant petition is for issuance of a mandamus commanding respondents 4 and 5 to restore possession of House No.156/7B/1B Shams Nagar, Karela Bagh, District Prayagraj to the petitioners.
The case of the petitioners is that the house aforementioned was recorded in the name of their mother Shamim Bano in the records of Nagar Nigam. She died on 15.2.2011 leaving behind her husband Habib Ahmad and four daughters as heirs and legal representatives. The petitioners herein are daughters of Late Shamim Bano. It is alleged that father of the petitioners succeeded in getting his name recorded in the municipal records in place of his deceased wife. The petitioners objected to the same but their objections were rejected by order dated 3.10.2019. They filed an appeal under Section 472 of U.P. Municipal Corporation Act, which is stated to be pending. Petitioner No.3 has filed a suit for permanent injunction on 1.8.2019 against her father Habib Ahmad which is also stated to be pending. Their application for interim injunction has yet not been decided by the trial court despite a direction for early disposal of application, issued by this Court on 18.12.2019 in Matter under Article 227 No.9862 of 2019. A partition suit (O.S. No. 798 of 2019) at the behest of petitioner No.1 is also pending. The petitioners further admit that on 27.7.2019, their father transferred the house in favour of Mohd. Tarique, respondent No.5 herein. He is stated to have influence over local police. It is alleged that despite pendency of the suit, he has succeeded in taking partial possession of the house on 30.10.2019. In the above backdrop, the petitioners have prayed for restitution of their possession over the house in question.
Evidently, the dispute is between private parties relating to title and possession of the immovable property and civil suits for injunction as well as partition are stated to be pending. It is open to the petitioners to seek all reliefs including the one prayed in the instant petition, in the suits pending before the civil court. No occasion arises for this Court to entertain the private dispute between the petitioners and respondent No.5 in exercise of writ jurisdiction.
The petition lacks merit and is dismissed.
(Deepak Verma, J.) (Manoj Kumar Gupta, J.) Order Date :- 24.8.2021 skv