Court No. - 37
Case :- WRIT - C No. - 16389 of 2021 Petitioner :- Noorulen Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Abou Sofian Usmani Counsel for Respondent :- C.S.C.,Ram Adhin,Saurabh Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Case called out. None has appeared for the petitioner. Learned Standing Counsel for the respondent is present.
By way of this writ petition, the petitioner has prayed the following prayers:
"(i) Issue a writ, order or direction in the nature of mandamus directing/commanding the respondents specially the respondent No.3 to 5 not to interfere in the peaceful possession of applicant/petitioner over the plot No. 763 Ka area 2 Biswa situated at Mauja Bamhrauli Uparhar, Pargana and Tehsil Sadar, District Prayagraj without any order of any competent authority.
(ii) Issue a writ, order or direction in the nature of mandamus directing/commanding the respondents to act strictly in the matter in accordance with law.
(iii) Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent No.3 i.e. Sub-Divisional Magistrate, Prayagraj to take appropriate action in the matter and pass a reasoned and speaking order on the application dated 15.6.2021 moved by the petitioner restraining the respondent No.4 and 5 from creating hindrance in the peaceful possession of the petitioner within a short stipulated period, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(iv) Issue a writ, order or direction in any other suitable nature which this Hon'ble Court may deem fit and proper under the circumstances of the case."
Learned Standing Counsel for the State has objected to this writ petition and has submitted that this is a private dispute involving disputed questions of facts which does not call for interference of this Court under writ jurisdiction.
We have perused the writ petition and heard the learned Standing Counsel for the State. We do not find any ground to grant any of the following prayers prayed by the petitioner. Such writ petition arising out of private dispute involving disputed questions of facts cannot be entertained.
This writ petition is devoid of merits and is dismissed.
Order Date :- 29.7.2021 DKS