Court No. - 1
Case :- WRIT - C No. - 20227 of 2019 Petitioner :- Phoola Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Pratap Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Ram Pratap Yadav, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
By means of this writ petition, the petitioner has prayed for the following relief:
(i) Issue a writ order or direction in the nature of mandamus commanding the District Magistrate, Azamgarh to hold an enquiry by invoking the provision of Government Order dated 01.05.2017 where under the 'Anti- Land Grabber Task Force' has been enacted and to take appropriate action against the Station Officer Police Station Devgaon District Azamgarh as well as other responder for protecting the land of the petitioner being Plot No. 526 area 0.011 hectare, situated in Village Lafiya (Devgaon), Tehsil Lalganj, District Azamgarh in accordance with law.
(ii) Issue a writ order or direction in the nature of mandamus commanding the respondent to maintain status quo in regard to the land in dispute referred to above till such exercise is completed by the District Magistrate and to initiate the criminal proceeding against the respondents under the relevant provisions of law for trespassing over the property of the petitioner.
Contention of learned counsel for the petitioner is that the respondent no.4 is encroaching the valuable land of the petitioner situated on the road side. Further contention is that the respondent no.5 has also filed a Civil Suit No.773 of 2019 (Bhooran vs. Gaama and others) before the Civil Judge (Junior Division), Haveli Azamagarh for permanent injunction.
The dispute raised in this writ petition is purely of civil in nature. The petitioner, if so advised, may approach the Civil Court of competent jurisdiction. In writ proceeding, such dispute cannot be resolved.
The writ petition is, accordingly, dismissed.
(Vivek Varma, J.) (Ramesh Sinha,J.) Order Date :- 14.6.2019 Ajeet