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2018 Supreme(All) 50

ALLAHABAD HIGH COURT
TARUN AGARWALA AND SAUMITRA DAYAL SINGH, JJ.
RAM BABU MALI AND ANOTHER - Petitioners
Versus
STATE OF U.P. AND OTHERS - Respondents
(Civil Misc. Writ Petition No. 33449 of 2017, decided on 16th January, 2018)

Advocates:
Counsel :
Kartikeya Saran and Anand Bhaskar Srivastava for the Petitioners; C.S.C., Madan Mohan and Mahboob Ahmed for the Respondents.

Headnote:Property – Forcible eviction – Registered sale-deed executed in favour of petitioners on 27.12.2005 to transfer title of property in dispute – No direct evidence of police intervention on 5.3.2017 to forcibly evict petitioners from disputed property or to seal same – Photographs placed on record do not support allegations made by petitioners that they had been forcibly evicted by police authorities – Writ jurisdiction cannot be invoked to claim adjudication of such rights and disputes – Continuous physical possession of petitioners over disputed property also ruled out – No documentary evidence of petitioners having been in possession over property in dispute – Invocation of writ jurisdiction declined – Petitioners directed to institute civil proceedings – Direction issued. [Paras 18 to 34]

       Result; Petition Dismissed.

JUDGMENT

Hon’ble Saumitra Dayal Singh, J.—This writ petition has been filed by the petitioners for the following relief :

“(i) Issue an appropriate writ, order or direction commanding the respondents to open the seal of the House No. 458/530A, Malviya Nagar, Allahabad and provide the possession of the same to the petitioners.

(ii) Issue an appropriate writ, order or direction commanding the respondents to provide compensation to the petitioners for the unjust and arbitrary police action dated 12.6.2007 and 5.3.2017.

(iii) Issue an appropriate writ, order or direction commanding the respondents not to interfere in the petitioners’ possession of the property i.e. House No. 458/530A, Malviya Nagar, Allahabad without following the due process of law.

(iv) Issue an appropriate writ, order or direction commanding the respondents to initiate inquiry in the matter related to the police action dated 12.6.2007 and 5.3.2017 and to take necessary and appropriate actions against the officers involved.”

2. The petitioners have asserted that upon a family partition one Rajesh Malviya (hereinafter referred to as the vendor) became exclusive owner of his 1/3rd share in property-house No. 458/530, Malviya Nagar, Allahabad. He executed a registered sale-deed in favour of the petitioners on 27.12.2005 to transfer the title, in a part thereof, being a duly demarcated portion ad-measuring 131.47 sq. meters (hereinafter referred to as the disputed property), for a consideration of Rs. 4,00,000/-. The petitioners further assert they ‘took possession’ and ‘started living in the premises’/disputed property and thereafter obtained mutation entries in the Khasra records and also they have been paying electricity bills and municipal taxes qua the disputed property.

3. Then the petitioners assert that they were forcibly evicted from the disputed property by the police authorities, on 12.6.2007 allegedly at the behest of Sewa Samiti Trust, Rambagh, Allahabad, respondent No. 5 in the writ petition. In this regard paragraph 8 of the writ petition reads as below:

“That on 12.6.2007, without any notice or legal basis the Police forcibly dispossessed the petitioners from the aforesaid property and sealed the same. On being asked about the whole action, the Police informed the petitioners that the action has been taken on the complaint of one Seva Samiti Trust Rambagh, Allahabad.”

4. From 12.6.2007 to 4.3.2017 i.e. for a period of almost 10 years, admittedly the petitioners were not in possession over the disputed property, rather, they represented to the District Magistrate, Allahabad by means of applications dated 2.8.2016 and 7.9.2016. Copies of the same have been annexed with the writ petition. Perusal of the application dated 2.8.2016 reveals, in that application petitioner No. 1 had complained against his illegal eviction by the police authorities in February, 2006. Similar allegations had been made in the other application dated 7.9.2016, also filed before the District Magistrate, Allahabad.

5. Thus a clear contradiction exists in the facts stated in the applications dated 2.8.2016 and 7.9.2016 and the pleadings made in paragraph 8 of the writ petition wherein the petitioners have stated that they were forcibly evicted by the police on 12.6.2007. That apart, the petitioners do not claim to have been in possession over the disputed property for any length of time since their dispossession in February, 2006 (as stated in the applications dated 2.8.2016 and 7.9.2016), or on 12.6.2007 (as stated in the writ petition), till 4.3.2017.

6. Then, in response to an application filed under the Right to Information Act, 2005 a report dated 18.2.2017 appears to have been submitted by the Assistant Sub Inspector, Police Station Mutthiganj, Allahabad that the allegations made by the petitioners with respect to the police intervention and consequent eviction of the petitioners were not borne out from the police records and that there was no order in any proceeding under Se

































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