Allahabad High Court
Brahmvati vs State Of U.P. And 2 Others on 2 January, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:118
Court No. - 34
Case :- WRIT - C No. - 22706 of 2024
Petitioner :- Brahmvati
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Abhijeet Singh,Ramdhan
Counsel for Respondent :- C.S.C.
Hon'ble Manish Kumar Nigam,J.
1. Case called out in the revised list.
2. None appears on behalf of the petitioner to press this petition.
3. This writ petition has been filed for the following reliefs:-
"I. Issue a writ, order or direction in the nature of mandamus commanding and directing the competent authorities i.e. respondent No. 2 and 3 to take necessary action and after proper enquiry remove the land in question in favour of the petitioner.
II. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No. 2 to consider and decide the representation of the petitioner dated 24.5.2024 within stipulated period in the interest of justice. (Annexure No. 3 to this writ petition)."
4. From perusal of the averments made in the writ petition as well as representation annexed as Annexure No.3 to the writ petition, it appears that the dispute of the petitioner is with the private respondents relating to property in dispute.
5. A preliminary objection has been raised by learned Standing Counsel that the private respondents have not been impleaded as party in the writ petition.
6. 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."
7. In view of the law laid down by the Supreme Court, I am not inclined to interfere in the matter.
8. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law.
Order Date :- 2.1.2025
S. Singh
(Manish Kumar Nigam, J.)
