Court No. - 29
Case :- WRIT - C No. - 41499 of 2019 Petitioner :- Mohammad Saleem Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Afshan Shafaut Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Ms.Afshan Shafaut, learned counsel for the petitioner and learned Standing Counsel appearing on behalf of State- respondents.
The petitioner, by means of this writ petition, wants that direction be issued to the State-authorities to put him back in possession of a portion of House No.177, Mohtasimganj No.1, after ousting the possession of private respondents No.7 to 9. At the same time, petitioner wants that his representation dated 16.7.2019 addressed to the respondent No.4- S.S.P. Prayagraj be directed to be decided.
The petitioner alleges that in respect of the said house, petitioner has an order of injunction dated 3.1.2017 from the Civil Court in Original Suit No.428 of 2016 but even then flouting the said order, the private respondents have dispossessed the petitioner from the said house and are not allowing him to use it. It is further contended that respondents 7 to 9 in similar fashion is taking possession of various houses in the area they are virtually acting as a bhu-mafia, but the district- administration is not taking any action against the.
In case, the injunction order has been violated or disobeyed, the erring persons would be punished in accordance with law by the Civil Court, as petitioner has already brought the said fact to the notice of the court concerned.
As far as the action of respondents 7 to 9, regarding land grabbing, is concerned, the petitioner may move appropriate application to the District Magistrate in accordance with Government Order dated 1.5.2017 and the same shall be considered by the District Magistrate most expeditiously, if necessary, after holding an enquiry, if the alleged respondents are actually bhu-mafia.
The writ petition is disposed of, accordingly.
Order Date :- 19.12.2019/LN Tripathi