Court No. - 32
Case :- WRIT - C No. - 6615 of 2018 Petitioner :- Ram Krishan Mishra Respondent :- State Of U.P. Through Its Secretary(Revenue) U.P. At Lucknow And 3 Others Counsel for Petitioner :- Jagdish Prasad Tripathi,Urmila Tripathi 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 of mandamus directing respondent no. 2 to protect the fundamental right of petitioner to live and save his property from respondent no. 3.
The learned counsel for the petitioner submitted that under the family partition/ compromise share was given to the petitioner. The petitioner is in possession over the property in question. The respondent no. 4 is the father of the petitioner and petitioner no. 3 is a history sheeter. Now he is interfering with the peaceful possession of the petitioner and there is a threat not to harvest the crops sown by the petitioner. A complaint was made to respondent no. 2 Senior Superintendent of Police, Allahabad. However, no appropriate action has been taken, therefore, direction be issued to respondent no. 2 to take action against the respondent no 3 not to interfere with the peaceful possession of the petitioner.
The learned Standing Counsel opposed the prayer. Considering the submissions and from the perusal of the writ petition and Annexures to the writ petition, admittedly, a suit is still pending and even if there is any family partition that has not become final. Annexure No. 1 is an application dated 19.1.2018 given by the petitioner to the Senior Superintendent of Police, Allahabad in which allegations have been made against the father. The partition has not attained the finality. The suit is still pending then the property belongs to the father of the petitioner. There is a private dispute between the parties. At this stage no interference is required.
Accordingly, the writ petition is dismissed.
Order Date :- 27.2.2018 N.A.