Court No. - 29
Case :- WRIT - C No. - 41575 of 2019 Petitioner :- Smt. Rekha Devi Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Varun Mishra,Kamla Kant Mishra Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Sri K.K. Mishra, learned counsel for the petitioner and learned Standing Counsel.
The petitioner claims that she is in possession of Khata No.545 Area 1.35 hectare sitaute in Village Nagla Chhotey, Sirsaganj, Firozabad which she has inherited from her late husband.
The Police Officers of Sirsaganj are visiting her aforesaid land so as to dispossess her from the said land at the behest of the private respondents. The petitioner has cited specific instances when the Police Officers have so visited.
The argument is that the Local Administration or the Police Officers have no concern with the said land and are not entitle to interfere in the petitioner's possession for any reason more particularly when there is a civil dispute between the private parties.
The petitioner has placed reliance upon the Government Orders dated 16.05.2012, 09.05.2014 and 16.09.2015.
In view of the aforesaid facts and circumstances, we dispose of the writ petition with the direction to the District Magistrate to consider and decide the representation of the petitioner dated 09.07.2019 filed as annexure-17 to the writ petition in the light of the aforesaid government orders most expeditiously preferably within a period of six weeks from the date a copy of this order is produced before him and till the decision of the aforesaid representation or for a period of three months whichever is earlier, no police officer shall visit the land in question until and unless specifically directed by the District Magistrate.
The Writ Petition is disposed of.
Order Date :- 19.12.2019 piyush