Court No. - 40
Case :- WRIT - C No. - 33173 of 2021 Petitioner :- Virasat Alli Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjai Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
A report submitted to District Magistrate by the Sub Divisional Magistrate, Shahbad, District Rampur, dated 15.7.2021 is challenged on the ground that the SDM has no jurisdiction to interfere with the rights of the petitioner over his land.
Perusal of the report would go to show that certain complain was made to the administrative authorities on which the matter has been examined and it has been found that there exists a dispute in respect of abadi land between the private individuals. The SDM has merely observed that such disputes can be resolved only by the Civil Court and the police persons have been directed to maintain peace and tranquility on the spot. The persons aggrieved are left to approach the competent court.
We find the report of the SDM to be absolutely as per law, inasmuch as, the authorities have not usurped the jurisdiction of the Civil Court and the parties have clearly been made aware of their rights to approach the competent Civil Court. We find absolutely no error in the report, nor any transgression of jurisdiction of the authorities which may persuade this Court to interfere in the matter.
The writ petition fails and is, accordingly, dismissed.
Order Date :- 20.12.2021 Ranjeet Sahu