Allahabad High Court
Vijay Bahadur vs State Of U.P. Thru. Prin. Secy. ... on 16 February, 2023
Bench: Sangeeta Chandra, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- WRIT - C No. - 1257 of 2023
Petitioner :- Vijay Bahadur
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrett. Lko. And Others
Counsel for Petitioner :- Salik Ram Tiwari,Sanjeev Kumar Dwivedi
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Manish Kumar,J.
The present writ petition has been preferred for issuing direction to the respondent nos. 3 & 4 not to harass the petitioner in dispute related with old Gata No. 239 (new Gata No. 216) situated at village Rajapur Kharhar, Pargana Patti, Tehsil Raniganj, District Pratapgarh and to further direct the respondent no. 2 to get demarcate the land in question on the basis of decree dated 24.12.1986 and permit the parties to make their boundary.
Learned counsel for the petitioner has submitted that on 28.04.1964 one Arshad Ali executed a registered sale deed in favour of Smt. Patti and handed over the possession. The petitioner is the descendant of Smt. Patti. The father of the respondent no. 7 to 10 namely Kalu filed a suit for partition of the aforementioned land before the Munsif Sadar, Pratapgarh by filing an Original Suit No. 374 of 1979. The trial court dismissed the Partition suit and decree has been prepared on 24.12.1986. Against the order passed by the learned trial court, Sri Kalu filed an Appeal before the District Judge, Pratapgarh and after hearing both the parties, learned appellate court dismissed the appeal vide order dated 28.11.1990 and confirmed the judgment order and decree passed by the learned trial court. After the death of Chedi Lal, Puran Masi and Kalu, the legal heirs of Chedi Lal, Puran Masi and Kalu who are opposite party nos. 5 to 10 moved an application before the Police Station Raniganj upon which the local Police used to come over the land of the petitioner and harass the petitioner by calling him at the Police Station, against which the petitioner has made a representation dated 16.01.2023, which is enclosed at Page no. 82 of the paper book.
After arguing at some length, learned counsel for the petitioner has confined his prayer to the extent that Superintendent of Police, Pratapgarh may be directed to take a decision on the representation of the petitioner dated 16.01.2023.
Learned Standing Counsel has no objection to the prayer made by the learned counsel for the petitioner.
On the request of learned counsel for the petitioner, the present writ petition is disposed of with a direction to the Superintendent of Police, Pratapgarh i.e respondent no. 3 to take a decision on the representation of the petitioner dated 16.01.2023 within a period of six weeks from the date of production/receipt of certified copy of this order.
Order Date :- 16.2.2023
Nitesh
