The court emphasized the necessity of due process in eviction proceedings and the accountability of police in cases of forcible dispossession.

JUDGMENT

Heard.

2. Shri Rana Pratap Singh, Advocate, father of the opposite party no. 10, Saurabh Singh is present. He has filed his Vakalatnama on behalf of opposite party no. 10.

3. Criminal Misc. Writ Petition No. - 8810 of 2023 has been filed seeking following reliefs:

"A. Issue a writ, order, or direction in the nature of the mandamus commanding and directing there by the opposite party no. 1 to 5 to restore the possession of the petitioner over the Shop No. 2 situated on the ground floor of House No. 173/60 Dr. B. N. Verma Road Police Station - Kalsherbag District - Lucknow because the petitioner has been forcefully and without any authority of law or without adopting due procedure of law ousted from the said shop by the opposite party no.8 to 11 with the help of opposite party no.6 and 7.

B. Issue a Writ, order, or direction in the nature of the mandamus commanding and directing the opposite parties no.4 to monitor the Investigation of Case Crime No. 124/2023 Under Section 427, 447 and 506 I.P.C in the police station - Kalsherabgh Lucknow and also insure to that the investigation of the said F.I.R to be conduct in free and faire manner after looking all allegations made in the F.I.R."

4. On 17.11.2023, the following order was passed:

"1. Heard learned counsel for the petitioner and learned AGA for the State-respondents.

2. Learned counsel for the petitioner initially states that there is a typographical error in the description of opposite party nos.4 and 5. Instead of Kaiserbagh it has wrongly been typed as Krishna Nagar. He prays that he may be allowed to correct the said description during the course of the day. The prayer so made is allowed. Necessary corrections be carried out in the description of opposite party nos.4 and 5 by learned counsel for the petitioner during the course of the day itself.

3. This writ petition has been filed with the following main prayers:-

"A. Issue a writ, order, or direction in the nature of the mandamus commanding and directing there by the opposite party no. 1 to 5 to restore the possession of the petitioner over the Shop No. 2 situated on the ground floor of House No. 173/60 Dr. B. N. Verma Road Police Station - Kalsherbag District - Lucknow because the petitioner has been forcefully and without any authority of law or without adopting due procedure of law ousted from the said shop by the opposite party no.8 to 11 with the help of opposite party no.6 and 7.

B. Issue a Writ, order, or direction in the nature of the mandamus commanding and directing the opposite parties no.4 to monitor the Investigation of Case Crime No. 124/2023 Under Section 427, 447 and 506 I.P.C in the police station - Kalsherabgh Lucknow and also insure to that the investigation of the said F.I.R to be conduct in free and faire manner after looking all allegations made in the F.I.R."

4. It has been submitted by learned counsel for the petitioner that the opposite party nos.6 and 7, who are the Station House Officer and Sub Inspector beat in charge, respectively of police station Kaiserbagh, Lucknow have colluded with the opposite party nos.8 to 11, who are the private respondents and taken over the property/ shop of the petitioner situated on the ground floor of House No. 173/60, Dr. B.N. Verma Road, police station Kaiserbagh, District Lucknow. The petitioner was tenant of the Shop No.2 situated on the ground floor of the said house for the last 55 years and running a shop by the name of 'Kumar Electronics'. The opposite party no.8 is the land lady of the said house and opposite party no.9 is her son. On 19.09.2022, opposite party no.8 filed a case under Section 21 of the U.P. Regulation of Urban Premises Tenancy Act, 2021 before the Additional District Magistrate City (East), Lucknow against the petitioner praying for his eviction from the property in question, on the ground that petitioner had not paid the arrears of rent for the past two years. The petitioner appeared before the Additional District Magistrate