Court No. - 38
Case :- WRIT - C No. - 18475 of 2018 Petitioner :- Shyoveer Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kharag Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Abhai Kumar,J.
Heard Sri Kharag Singh, learned counsel for the petitioner and learned Standing Counsel appearing for the State- respondent.
By means of this writ petition, the petitioner has come to this Court for issuance of direction to the respondent no.2 to decide the application dated 30.4.2018 (Annexure No.6 to the writ petition) and further to direct the respondent no.2 to take action against the respondent nos.5 to 7 and restrain them from interfering in peaceful possession of the petitioner over the land in dispute.
The allegation of the petitioner is that his house has been demolished by the respondent nos.5, 6 and 7 for which the petitioner has made a complaint. He further apprehends that remaining portion of the house will also be demolished. It is to be noted that respondent nos.5, 6 and 7 are private individuals and if they have acted illegally, then petitioner can lodge an FIR before an appropriate police station.
So far as property is concerned, the petitioner has already filed a suit being Suit No.202 of 2018 for permanent injunction.
That being the case, no relief can be granted in writ jurisdiction by this Court. The writ petition lacks merit and it is, accordingly dismissed.
However, if there is any dispute with regard to law an order and any individual or authority is taking law in its own hand, the petitioner can approach the District Magistrate. If such an application is filed, the District Magistrate will look into the matter and proceed accordingly.
Order Date :- 29.5.2018 Ajeet (Abhai Kumar,J.) (Abhinava Upadhya,J.)