Court No. - 32
Case :- WRIT - C No. - 24227 of 2019 Petitioner :- Mahavir Singh Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Anand Prakash Paul,Brij Bhushan Paul Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition, inter alia, has been filed for the following relief;
"i) issue a writ of mandamus directing the respondent nos. 1 to 3 to exercise powers vested in them by law and protect both life and property of the petitioner bearing Plot No. 129/3 area 0.4370 hectare situate in Village Shernagar Bangar, Tehsil Chhata, District Mathura;
ii) issue a writ of ad interim mandamus commanding respondent nos. 2, 3 & 4 to perform their public duty and register report of petitioner against respondent no. 6 and decide representation of the petitioner dated 2.7.2019, 3.7.2019, 4.7.2019 (Annexure Nos. 3, 4, 5 and 6) within time bound programme."
Heard learned counsel for the parties and perused the record.
A perusal of the record shows that the petitioner is having a dispute with the private respondent no. 6 over the land in question i.e. Plot No. 129/3 area 0.4370 hectare situate in Village Shernagar Bangar, Tehsil Chhata, District Mathura. Petitioner in substance is seeking a relief against private respondent. Since, the dispute is between the private parties of civil nature, it cannot be adjudicated upon by this court in exercise of the powers conferred under Article 226 of the Constitution of India.
In view of the above, we do not see any justification to interfere in the matter. However, it is open to the petitioner to seek appropriate remedy before appropriate forum in accordance with law.
With aforesaid observation, this writ petition is disposed of finally.
Order Date :- 25.7.2019 Pkb/