Court No. - 38
Case :- WRIT - C No. - 17941 of 2018 Petitioner :- Surati Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Srivastava,Renu Bala Mishra,Sudeep Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Abhai Kumar,J.
Heard Sri Arvind Srivastava, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
The learned Standing Counsel was required to seek instruction but no instruction is forthcoming.
The petitioner claims to be the owner of Plot No. 405 /1 on the basis of a sale deed dated 20.10.2015 executed by one Pushpa Devi in favour of the petitioner Surati Devi. The petitioner claims that there is no dispute with Pushpa Devi and she started construction on the said land situate in district Mau. On 14.7.2017 the S.H.O. Kotwali along-with two constables came on the spot and restrained the petitioner from raising further constructions. The S.H.O. while stopping construction did not produce any order of any competent court restraining such construction.
The petitioner claims that she is a bonafide purchaser of the said plot and there is no dispute pending against any person. There is no restraining order of any competent court, yet the police officer with ulterior motive are not allowing the petitioner to raise her construction on the spot. The petitioner has filed a sale deed as well as Khasra/Khatauni to indicate her rights over the property in question.
The writ petition is disposed of with the observation that no executive authority can interfere with the rights over the property in question of the petitioner except in accordance with law.
Order Date :- 29.5.2018 N.A.
(Abhai Kumar,J.)(Abhinava Upadhya,J.)