Court No. - 29
Case :- WRIT - C No. - 40095 of 2019 Petitioner :- Vandana Jaiswal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chetan Chatterjee,Ran Vijay Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Chetan Chatterjee, learned Counsel for the petitioner and learned Standing Counsel.
The petitioner is constructing a boundary wall of his residential house. In respect to the said house, respondent no.5 instituted a civil suit, wherein her injunction application has been rejected vide order dated 29.5.2017 and the same was upheld in miscellaneous appeal. The above orders were challenged by the respondent no.5 by means of a petition under Article 227 of the Constitution of India and the same also came to be dismissed vide order dated 22.3.2018.
In view of the above, though the suit of the respondent no.5 continues to remain pending but the matter regarding interim injunction stands concluded and there is no injunction in her favour. The petitioner applied for the police protection for the purposes of construction of boundary wall and deposited the necessary money for the expenses thereof, but the police force has not been provided to the petitioner on the pretext that the matter is subjudice in some writ petition before the High Court.
Sri Chatterji, Counsel for the petitioner informs that one another writ petition filed by the respondent no.5 i.e. Writ C No.19782 of 2018, was also dismissed on 30.7.2019 for want of prosecution.
In view of the aforesaid facts and circumstances apparantly there is no matter, which is pending consideration before the High Court and there is no injunction in favour of the respondent no.5.
In view of the above, the respondents cannot deny police help to the petitioner for the purposes of constructing the boundary wall, if the construction is being disturbed by the respondent no.5 giving rise to law and order situation. Accordingly, the writ petition is disposed of with the direction to the respondent no.4 to consider the application of the petitioner for police force in accordance with law, most expeditiously, preferably within a period of one month from the date of copy of this order is produced and to provide police force according to the order passed thereon.
Order Date :- 19.12.2019 S. Singh