Court No. - 3
Case :- WRIT - C No. - 25133 of 2020 Petitioner :- Rakesh And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Muktesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioners, learned standing counsel for the respondents and perused the material brought on record.
The prayer in this petition is to direct the second respondent(District Magistrate, Jaunpur) to protect the possession of the petitioner in plot no.702A at Mauza Patkhauli, Alamganj, Pargana Barsethi, Tehsil Mariyahun, District Jaunpur, from illegal interference of the respondents 4 to 6, who are private persons.
It appears from the record that by order dated 07.09.2020 plot no.702-Ka @ 0.018 hectare has been recorded as abadi against the earlier entry of banjar land.
In case the said plot is abadi land, it is always open for the petitioners to institute civil suit against the persons who are interfering in the possession of the petitioners.
As the dispute is between private persons in respect of immovable property, we decline to exercise our writ jurisdiction.
The petition is dismissed, without prejudice to the right of the petitioners to take recourse to the other legal remedies as may be advised.
Order Date :- 8.1.2021 VKG