Court No. - 40
Case :- WRIT - C No. - 17781 of 2021 Petitioner :- Vishal Kesarwani Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Santosh Kumar Shukla,Harbansh Prasad Pandey Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1 to 4; and perused the record.
By this petition, a mandamus has been sought upon the district administration to evict the private respondents 5 to 8 from the house no.78, Ward No.11, Sadar Bazar, Shankargarh, district Prayagraj.
The petitioner claims to have purchased the said house from parties in Original Suit no.1135 of 1995.
Admittedly, in that suit the respondents 5 to 8 whose eviction is sought from the property were not party though it is claimed that respondents 5 to 8 are notorious persons and have unauthorizedly gained possession but in the writ petition it is not disclosed that the respondents 5 to 8 have a previous criminal history except the case recently lodged by the petitioner against them, which remains pending.
As the dispute is in respect of private property between the private persons, we decline to accept the prayer as made in this petition but leave it open to the petitioner to take recourse to other legal civil and criminal remedies, as may be advised.
Subject to above, the petition is disposed off. Order Date :- 12.8.2021.
Rks.