Allahabad High Court
Smt Champa Devi vs State Of Up And 2 Others on 21 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:181556
Court No. - 34
Case :- WRIT - C No. - 23456 of 2024
Petitioner :- Smt Champa Devi
Respondent :- State Of Up And 2 Others
Counsel for Petitioner :- Ajay Kumar Giri,Surendra Kumar
Counsel for Respondent :- C.S.C.
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) Issue a writ order or direction in the of mandamus directing respondent No. 2 to the Representation consider to the and decide dated 03.07.2024 to take the legal step against the respondent No. 3 to not interfere in the Bhumichari land of the petitioner Gata No. 398M."
3. A preliminary objection has been raised by learned Standing Counsel as well as learned counsel appearing for respondent No. 3 that the dispute of the petitioner is with the private respondent No.3 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 perusal of the same, it appears that the dispute of the petitioner is with respondent No.3 though, there are several other proceedings pending before various courts, the prayer has been made in this petition is for a mandamus restraining defendant not to interfere in the Bhumidhari land of the petitioner being Gata No. 398M.
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 :- 21.11.2024
S. Singh
(Manish Kumar Nigam, J.)
