Vidyawati Devi vs State Of Up And 5 Others
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Allahabad High Court

Vidyawati Devi vs State Of Up And 5 Others on 19 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:180761
 
Court No. - 34
 

 
Case :- WRIT - C No. - 20774 of 2024
 

 
Petitioner :- Vidyawati Devi
 
Respondent :- State Of Up And 5 Others
 
Counsel for Petitioner :- Beerendra Singh Pal,Manoj Kumar Keshari
 
Counsel for Respondent :- C.S.C.,Navaneet Kumar Shukla,Rameshwar Prasad Shukla,Ravindra Kumar Chauhan
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the parties and perused the record.

2. This writ petition has been filed for the following reliefs:-

"(i) to issue a writ, order or direction in the nature of Mandamus directing the respondent nos. 2 and 3 to restrain the respondent nos. 5 and 6 to raise illegal construction over the land of petitioner i.e. Khata No. 90, Arazi No. 727 Rakba 20 1/2 decimal i.e transferable land situated in Village- Chai Chhapara, Tehsil- Bairia, District- Ballia.

(ii) Mandamus directing the respondent nos. 5 and 6 not to interfere in peaceful possession over the aforesaid land of petitioner."

3. A preliminary objection has been raised by learned Standing Counsel as well as learned counsel for Gaon Sabha that the dispute of the petitioner is with the private respondent Nos. 5 to 6 regarding property in question and as such writ petition is not maintainable.

4. I have perused the averments made in the writ petition and the annexures annexed thereto. From the perusal of the same, it appears that the dispute of the petitioner is with private respondent Nos.5 to 6.

5. The Supreme Court in the case of Shalini Shyam Shetty v. Rajendra Shankar Patil, (2010) 8 SCC 329 has considered a large number of its earlier judgements and held that writ petition is not the proper remedy in respect of the property dispute and the party should be relegated to seek appropriate remedy before the Civil or Revenue Court. Paragraph nos. 64 and 65 of the judgment in Shalini Shyam Shetty (supra) are extracted hereinbelow-:

"64. However, this Court unfortunately discerns that of late there is a growing trend amongst several High Courts to entertain writ petition in cases of pure property disputes. Disputes relating to partition suits, matters relating to execution of a decree, in cases of dispute between landlord and tenant and also in a case of money decree and in various other cases where disputed questions of property are involved, writ courts are entertaining such disputes. In some cases the High Courts, in a routine manner, entertain petitions under Article 227 over such disputes and such petitions are treated as writ petitions.

65. We would like to make it clear that in view of the law referred to above in cases of property rights and in disputes between private individuals writ court should not interfere unless there is any infraction of statute or it can be shown that a private individual is acting in collusion with a statutory authority. 4. In view of above, I am not inclined to interfere in the matter."

6. In view of the law laid down by the Supreme Court, I am not inclined to interfere in the matter.

7. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law.

Order Date :- 19.11.2024

Nitika Sri.

(Manish Kumar Nigam,J.)