Court No. - 32
Case :- WRIT - C No. - 14885 of 2019 Petitioner :- Sanjeev Kumar Gupta Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vijay Gautam,Ambarish Chatterji 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;
"a) Issue, a writ, order or direction in the nature of Mandamus directing the Respondent Authorities, to open the lock/seal of the petitioner's House No. 258/1-B Sohabatiyabagh, Tehsil Sadar, District Allahabad.
b) Issue, a writ, order or direction, in the nature of Mandamus, directing the Respondent Authorities, not to interfere into the peaceful possession of the petitioner at the House No. 258/1-B Sohabatiyabagh, Tehsil Sadar, District Allahabad.
c) Issue, a writ, order or direction, in the nature of Mandamus directing the Respondent Authorities, to restrain the Respondent from creating any illegal activity in the peaceful possession of the petitioner's House No. 258/1-B Sohabatiyabagh, Tehsil Sadar, District Allahabad.
d) Issue, a writ, order or direction, in the nature of Mandamus, directing the Respondent Authorities, to pass the appropriate order on the application of the petitioner dated 14/01/2018, with regard to opening the lock/seal of the petitioner's House No. 258/1-B Sohabatiyabagh, Tehsil Sadar, District Allahabad and not to create any illegal activity in the peaceful possession of the petitioner's House."
The grievance of the petitioner is that respondent no. 7 has put a lock in the premises of the petitioner when he was out of station. Learned counsel for the petitioner states that in respect of said property a civil suit, i.e, Suit No. 1373 of 2013 (Smt. Savitri Devi Vs. Deep Kumar Jaiswal and others) is pending between the parties before the Court of Civil Judge (Senior Division) Allahabad.
Heard learned counsel for the parties and perused the record.
Since the petitioner is seeking relief against the private respondent No. 7, we are not inclined to interfere in the matter in exercise of jurisdiction under Article 226 of the Constitution of India. However, the petitioner, if so advised, may take proceedings before the appropriate forum in accordance with law.
With this observation, the writ petition stands disposed of.
Order Date :- 29.4.2019 SR