Court No. - 29
Case :- WRIT - C No. - 41708 of 2019 Petitioner :- Suresh Chandra Mishra Respondent :- State Of U P And 10 Others Counsel for Petitioner :- Santosh Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner is trying to raise a pakka boundary wall on their land but the private respondents No. 4 to 11 are not permitting them to do so.
The petitioner in this regard made representations to the S.D.M. who even issued directions to the S.H.O. to ensure that no interference is caused and the law and order situation is maintained, but even then petitioner is not being allowed to complete the construction of the boundary wall.
The dispute as raised by the petitioner is a private dispute between the petitioner and the respondents No. 4 to 11. Therefore, if any obstruction is being created by the private respondents in the construction of the wall, the proper remedy available to him is to take recourse to the civil proceedings.
It is well recognized that the State authorities have no role to play in the private civil dispute until and unless law and order situation so demands.
Moreover, from the pleadings we find that some proceedings under Section 133 Cr.P.C. are also pending in connection with the above dispute.
Thus, in the overall facts and circumstances of the case, we do not deem it necessary to exercise our discretionary jurisdiction and leave it upon the petitioner to initiate appropriate proceedings for the satisfaction of his grievance.
The writ petition, accordingly, stands disposed off. Order Date :- 20.12.2019 Nirmal Sinha