Court No. - 29
Case :- WRIT - C No. - 19364 of 2018 Petitioner :- Prabhawati Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ghazala Bano Quadri Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner.
This petition has been filed seeking the following relief :
"(i) issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 and 3 to vacate the land of the petitioner from illegal possession of the respondent no. 4 & 5.
(ii) issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no. 2 and 3 to make demarcation of 1/3 share of the petitioner within stipulated time as fixed by this Hon'ble Court."
So far as relief no. (i) is concerned, in case respondents no. 4 & 5 are in unauthorized occupation over the land of the petitioner, it is always open to her to take recourse of appropriate proceedings under the common civil law. It is well settled that in such a dispute the district authorities or the police authorities have no jurisdiction or authority to interfere.
In so far as the relief no. (ii) is concerned, for that also the petitioner has to make an application before the appropriate authority under the provision for demarcation and no mandamus is liable to be issued.
Writ petition stands dismissed.
Order Date :- 28.5.2018 nd