Court No. - 29
Case :- WRIT - C No. - 41566 of 2019 Petitioner :- Mohd. Iliyas Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gulab Chandra Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner and the learned Standing counsel.
The ancestral house no. 13 of the petitioner situate in village Miyaganj, District Kannauj is said to have fallen down during rainy season. He wants to reconstruct it but respondent no. 5 is not allowing him to raise the construction and it is said that the local police is helping respondent no. 5.
In view of the above, petitioner by means of this writ petition wants that no harassment should be caused to him by the local police.
The dispute regarding construction of the house is between the petitioner and the private respondent no. 5 for which the proper remedy, if any, available to the petitioner is by way of civil suit. The local administration/police officials have no role to play in the said personal disputes of the petitioner and respondent no. 5 until and unless there is FIR or complaint against one of them.
The Government Order dated 1.12.2014 also provides that the district authorities ought not to interfere in any such private dispute.
In view of the above, writ petition stands disposed of with direction to the District Magistrate to ensure compliance of the Government Order.
Order Date :- 19.12.2019 SKS