Court No. - 32
Case :- WRIT - C No. - 8908 of 2019
Petitioner :- Mahant Sharda Sharan Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vishnu Kant Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
Impleadment application filed today is taken on record.
Heard learned counsel for the petitioner and learned Standing Counsel.
This petition has been filed for the following reliefs:
"i Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 to take cognizance into the matter and decide the matter in view of application dated 10.09.2018 as well as reminder dated 23.02.2019 filed by the petitioner in accordance with law.
ii. Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 to conduct a fair investigation into the matter in view of the judgment/order dated 29.10.2009 passed by the Supreme Court of India (Annexure No. 5)"
A perusal of record shows that the petitioner is seeking a direction against the private Respondent No. 3, who is alleged to have illegally constructed a temple in the land belonged to the petitioner.
This Court in Writ Petition No. 50033 of 2015 (Jitendra Bahadur Singh Vs. State of UP & others) has held that the police and administrative authority must not interfere in the inter se dispute between two private parties in respect of immovable properties. In this regard, learned Standing Counsel has placed a Government Order dated 16.9.2015 issued by the Chief Secretary, Uttar Pradesh Government in pursuance of the order dated 4.9.2018 passed by this Court wherein it has been stated as follows:
"In this behalf, I am directed to say that while complying with Hon'ble High Court's order dated 04.09.2015 in letter & spirit, it be ensured that such matters of immovable property pending between the private parties, whose cases are pending before competent court or where Hon'ble Courts have passed interim order, no administrative order should be passed on miscellaneous applications. In future, if any such matter comes to the notice of the Government, then it shall be construed strictly and strict penal action shall be taken against the officers guilty for the same." [English Translation] Since the petitioner, in substance, is seeking relief against the private respondent, the present writ petition is not maintainable.
The writ petition is, accordingly, dismissed. However, the petitioner, if so advised, may take proceedings before the appropriate forum in accordance with law.
Order Date :- 26.4.2019 vinay