Court No. - 32
Case :- WRIT - C No. - 14301 of 2019 Petitioner :- Rehana Begam And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Mushir Khan Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
This writ petition has been filed, inter alia, for the following relief;
"(i) Issue a writ order or direction in the nature of mandamus commanding the respondent authorities not to interfere in construction raised by the petitioners over their own land."
Heard learned counsel for the parties and perused the record.
In fact, the petitioners are seeking relief against the private respondent Nos. 5 to 7, who are allegedly interfering in peaceful possession of the petitioners.
This Court in Writ Petition No. 50033 of 2015 (Jitendra Bahadur Singh Vs. State of UP & others) has held that the police and administrative authority must not interfere in the inter se dispute between two private parties in respect of immovable properties. In this regard, learned Standing Counsel has placed a Government Order dated 16.9.2015 issued by the Chief Secretary, Uttar Pradesh Government in pursuance of the order dated 4.9.2018 passed by this Court wherein it has been stated as follows:
"In this behalf, I am directed to say that while complying with Hon'ble High Court's order dated 04.09.2015 in letter & spirit, it be ensured that such matters of immovable property pending between the private parties, whose cases are pending before competent court or where Hon'ble Courts have passed interim order, no administrative order should be passed on miscellaneous applications. In future, if any such matter comes to the notice of the Government, then it shall be construed strictly and strict penal action shall be taken against the officers guilty for the same." [English Translation] Since the petitioners, in substance, are seeking relief against the private respondents, the present writ petition is not maintainable.
The writ petition is, accordingly, dismissed. However, the petitioners, if so advised, may take proceedings before the appropriate forum in accordance with law.
Order Date :- 25.4.2019 SR