Kailash Sahkari Awas Samiti vs State Of U.P. And 3 Others
2023 Latest Caselaw 35731 ALL

Allahabad High Court

Kailash Sahkari Awas Samiti vs State Of U.P. And 3 Others on 18 December, 2023

Author: Salil Kumar Rai

Bench: Salil Kumar Rai

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:239520-DB
 
Court No. - 32
 

 
Case :- WRIT - C No. - 41157 of 2023
 

 
Petitioner :- Kailash Sahkari Awas Samiti
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Rakesh Dubey,Ashish Mishra,Nitin Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Salil Kumar Rai,J.
 

Hon'ble Surendra Singh-I,J.

1.The grievance of the petitioner in the present petition is that the police of Police Station Nawabganj, District- Kanpur Nagar is interfering in the possession of the petitioner society and helping certain criminal elements to grab the property of the petitioner.

2. It has been stated in the petition and has been so argued that the title of the petitioner stands established by different judgments previously rendered by the High Court and the possession of the petitioner is protected by the order of status quo issued by the Hon'ble Supreme Court in Special Leave Petition.

3. The issue raised in the petition involves disputed questions of fact regarding title and possession of the parties and the petitioner has remedy to approach the civil court for a permanent prohibitory injunction against the State-respondents.

3. In view of the aforesaid, it is not a fit case for consideration under Article 226 of the Constitution of India.

5. The writ petition is dismissed.

Order Date :- 18.12.2023

Akbar