Court No. - 29
Case :- WRIT - C No. - 38374 of 2019 Petitioner :- Mumtaj Ahmad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
The petitioner has filed this writ petition for a direction upon respondent no.4 i.e. Station House Officer, Police Station Paikolia, District Basti not to interfere in his peaceful construction work over the abadi land of gata no.75 situate in Village Marwatiya, Tappa Atroh, Pargana Basti Pashchim, Tehsil Harraiya, District Basti and has further prayed for quashing of the order dated 11.07.2019 passed by the Sub- Divisional Magistrate, Harraiya, District Basti.
The petitioner contends that he is the owner of the aforesaid land but the private respondent no.5 in collusion with the respondent no.4 is interfering in his use and possession of the said land and the constructions the petitioner is raising over it.
It appears that in respect of the above property a civil suit between the parties is already pending. The dispute is basically between the petitioner and respondent no.5 regarding the immoveable property and the same can very well be adjudicated by the civil suit.
As regards the grievance of the petitioner with regard to the the order dated 11.07.2019 passed by the Sub-Divisional Magistrate, Harraiya, District Basti is concerned we may note that the said order only directs the authorities to check that no illegal constructions are raised and the same does not in any way records any finding as to the title of the parties.
In view of the above, we do not find any merit in this writ petition and accordingly the same is dismissed.
Order Date :- 29.11.2019 Shahroz