Court No. - 32
Case :- WRIT - C No. - 6422 of 2018 Petitioner :- Puttan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunita Sharma,Vijay Chandra Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Arvind Kumar Tripathi,J. Hon'ble Abhai Kumar,J.
Heard the learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.
The instant writ petition under Article 226 of the Constitution of India has been filed with a prayer to issue a writ, order or direction in the nature of writ of Mandamus directing the respondent not to disposses the petitioner from the house in question as well as the shop till the pendency of the Original Suit No. 30 of 2018 (Puttan Vs. State of U.P. and others) pending before the Civil Judge (SD) Pilibhit without adopting due process of law.
The objection was raised by the leaned Standing Counsel that there is a dispute in between the private parties, hence the petition is not maintainable.
It is the submission of the learned counsel for the petitioner that there is interference by respondent no. 4 in the house and shop in question, hence the petitioner may not be dispossessed without adopting legal procedure established by law. He submits that even the Sub Divisional Magistrate concerned issued direction, however, in spite of that there is a danger of dispossession of the petitioner from the property in question situated in Gata No. 430/52 area 0.607 hectare situate at Village Amaria.
Considered the submissions of learned counsel for the parties and perused the record, it appears that a suit on behalf of the petitioner is pending before the Civil Judge (SD), Pilibhit. Since a suit regarding the same is pending before the Civil Judge (SD) Pilibhit and the dispute is between the two private parties, if so advised, an application may be moved for interim relief before the court concerned where the suit is pending. If such an application is moved, the same shall be considered and disposed off expeditiously in accordance with law.
Accordingly, the writ petition is disposed of.
Order Date :- 27.2.2018 N.A.