Court No. - 3
Case :- WRIT - C No. - 25084 of 2020 Petitioner :- Ram Babu Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prashant Kanha,Nikhil Kumar Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 to 3 and perused the record.
The petitioner claims to have a decree passed in Original Suit No. 112 of 2009 against Nagar Palika Parishad, Fatehpur in respect of certain property, namely, plot no. 169.
The grievance of the petitioner is that respondent nos. 4 and 5 have illegally raised constructions over portion of the said plot and are making encroachment. Accordingly, the petitioner has prayed for a direction upon the respondent nos. 2 and 3 to remove encroachment of the respondent nos. 4 and 5.
From the record it does not appear that the respondent nos. 4 and 5, against whom relief is sought, were party in the Suit No. 112 of 2009. It appears Nagar Palika Parishad, Fatehpur was a party in that Suit. It has not been specifically disclosed that the respondent nos. 4 and 5 are claiming through Nagar Palika Parishad.
Under the circumstances, prima facie, the decree does not appear to be binding upon the respondent nos. 4 and 5 and, therefore, if the petitioner has any grievance, he may institute a suit against respondent nos. 4 and 5 for vindication of his property rights, if any. But, as the respondent nos. 4 and 5 are private individuals, we decline to entertain this petition in our writ jurisdiction and leave it open to the petitioner to institute a suit or such other legal proceedings as may be advised.
Subject to above, the petition is dismissed. Order Date :- 8.1.2021 SY