Court No. - 1
Case :- WRIT - C No. - 42345 of 2019 Petitioner :- Rst Buldwell Llp And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Prasad Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Ramesh Prasad Mishra, learned counsel for the petitioners, Sri Manvendra Dixit, learned Standing Counsel for the State respondents and perused the record.
By means of this petition under Article 226 of the Constitution, the petitioners have prayed for a writ of mandamus to the respondent District Magistrate to take appropriate action for redressal of grievance of the petitioner and to decide the representation/ application dated 16.09.2019.
From the perusal of application, it clearly transpires that the petitioner has been complaining against some individual persons who are interfering with the peaceful possession of the petitioner. It also transpires from the report of Tehsildar, Modi Nagar, Ghaziabad dated 09.09.2019 which has been brought on record that the petitioner has claimed to be recorded Bhumidhar over the land in question and that interference with the possession of the petitioners is wholly illegal.
In our considered opinion, if the petitioner is a recorded tenure holder then he can always maintain a civil suit for permanent injunction against the private individuals who are interfering with the peaceful possession and enjoyment of bhumidhari land of the petitioners. No writ can issued injuncting private individuals from interfering with the possession of petitioners.
Accordingly, with the liberty to file suit, this writ petition is consigned to records.
Order Date :- 19.12.2019 IrfanUddin (Ajit Kumar,J.) (Ramesh Sinha,J.)