Court No. - 32 Case :- WRIT - C No. - 3263 of 2020
Petitioner :- Parmatma Saran And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Uma Nath Pandey,Shiv Ram Dubey
Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner and learned Standing Counsel and perused the record. This writ petition has been filed, inter alia, for the following reliefs:
" (i) Issue a writ,order or direction in the nature of mandamus commanding the respondent no.2 to pass an appropriate order on the representation of petitioners dated 03.12.2019 pending before him."
A perusal of record shows that the petitioner, in fact, is seeking a direction against some private persons namely Ram Autar Bansal, Ashok Kumar etc. who are allegedly interfering in the peaceful possession of the petitioner over the property in dispute, however, they have not been impleaded as respondents.
This Court in Writ Petition No. 50033 of 2015 (Jitendra Bahadur Singh Vs. State of UP & others) has held that the police and administrative authority must not interfere in the inter se dispute between two private parties in respect of Neutral Citation No. - 2020:AHC:21481-DB
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immovable properties. In this regard, learned Standing Counsel has placed a Government Order dated 16.9.2015 issued by the Chief Secretary, Uttar Pradesh Government in pursuance of the order dated 4.9.2018 passed by this Court wherein it has been stated as follows:
"In this behalf, I am directed to say that while complying with Hon'ble High Court's order dated 04.09.2015 in letter & spirit, it be ensured that such matters of immovable property pending between the private parties, whose cases are pending before competent court or where Hon'ble Courts have passed interim order,no administrative order should be passed on miscellaneous applications. In future, if any such matter comes to the notice of the Government, then it shall be construed strictly and strict penal action shall be taken against the officers guilty for the same." [English Translation.
Since the petitioner, in substance, is seeking relief against private persons, the present writ petition is not maintainable.
The writ petition is, accordingly, dismissed. However, the petitioner, if so advised, may take proceedings before the appropriate forum in accordance with law.
Order Date :- 31.1.2020
MLK
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