Smt. Sitavi Devi v. State of U.P. and 20 Others

Court No. - 32 Case :- WRIT - C No. - 37202 of 2023 Petitioner :- Smt. Sitavi Devi Respondent :- State Of U.P. And 20 Others Counsel for Petitioner :- Krishna Kumar Chaurasia Counsel for Respondent :- CSC Hon'ble Salil Kumar Rai,J. Hon'ble Surendra Singh-I,J. The grievance of the petitioner in the present petition is that respondent nos. 5 to 21 are interfering in the possession of the petitioner over Plot No.504 where the petitioner claims to be his Bhumidari Plot. It has been stated that previously when certain other persons were interfering in the possession of the petitioner over the aforesaid plot, the petitioner filed Original Suit No.755 of 2000 which was allowed and a decree for permanent injunction was issued in favour of the petitioner. It is apparent from the records that many of the respondents in the present petition were not defendants in Original Suit No.755 of 2000. The issue in the present writ petition is an issue of fact and does not raise any question of public law so as to occasion interference by this Court under Article 226 of the Constitution of India. The petitioner has the remedy to institute appropriate proceedings before the concerned Civil Court. The petition is dismissed. Order Date :- 30.10.2023 IB High Court of Judicature at Allahabad