Court No. - 40
Case :- WRIT - C No. - 19632 of 2021 Petitioner :- Shahid And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinod Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners; the learned Standing Counsel for the respondent 1 to 3; and have perused the record.
It appears that the petitioners have submitted an application to the District Magistrate, Jaunpur complaining encroachment of his bhumidhari land by private respondents with the help of police. For a decision on this representation direction is sought in this petition.
If rights of the petitioners in respect of their private property is being violated by private individuals the petitioners may institute a suit in appropriate court or may take recourse to the remedies available under the Code of Criminal Procedure. Further, from the averments made in paragraph 6 of the petition, it appears that already some civil proceedings are pending in the Court of Civil Judge (Jr. Div.), Shahganj, Jaunpur.
In view of the above, we decline to issue any specific direction with regard to consideration of the grievance of the petitioners by the respondent no.2 (District Magistrate, Jaunpur) but leave it open to the petitioners to institute a suit or take recourse to other alternative remedy, as may be advised.
Subject to above, the petition is dismissed.
It is made clear that we have not expressed any opinion on the merits of the claim of the petitioners.
Order Date :- 20.9.2021 Sunil Kr Tiwari