Court No. - 6
Case :- WRIT - C No. - 39026 of 2019 Petitioner :- Lala Prasad Respondent :- Sub Divisional Magistrate And 3 Others Counsel for Petitioner :- Uma Shankar Singh Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The writ petition has been filed seeking the following relief:-
"(i) to issue a writ, order or direction in the nature of mandamus directing the Sub Divisional Magistrate, Kerakat, District Jaunpur to get the house of the petitioner situated over Plot No. 192 area 0.4130 hectare in Village Kopa, Tehsil Kerakat, District Jaunpur, vacated from the illegal possession of the respondent no. 2 Sarwan and his sons and handed over the possession of the house of the petitioner to the petitioner."
It is contended that land was allotted to the petitioner, whereupon he has constructed a house. However, he has been dispossessed by private respondents. The petitioner seeks restoration of his possession by the S.D.M.
In my considered opinion, the S.D.M. is not competent to dispossess an unauthorized occupant of the house. The only remedy available to the petitioner is by means of a suit for possession. The petitioner, in case, so advised may avail this remedy for redressal of his grievance.
Subject to the above, this writ petition is dismissed.
Order Date :- 29.11.2019 Mayank