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MANISH KUMAR NIGAM
Phoolmati – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Manish Kumar Nigam, J.-Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the records.
2. This petition has been filed for the following reliefs :
(II) Issue a writ, order or direction in the nature of Mandamus directed the Respondent No. 3 not to dispossess to the petitioner from the house In dispute.''
3. By means of this writ petition, the petitioner has challenged a notice dated 25.3.2024 issued by Sub-Divisional Magistrate, Nizamabad, District Azamgarh-respondent No. 3 mentioning therein that the petitioner is illegally occupying the house situated at Gata No. 860 situated at Village- Tahbarpur, District- Azamgarh. In this regard earlier also oral and written directions have been issued to petitioner to vacate the premises and hand over the possession to the owner but the same has not been complied with. As a last warning you are directed to vacate the premises in dispute within one week and hand over the possession to the owner of the house otherwise, the premises will be vacat
Administrative authorities cannot interfere in civil property disputes pending before a competent court, and dispossession must follow due process of law.
Once land has been acquired, it cannot be restored to tenure- holders/persons interested, even if it is not used for the purpose for which it is so acquired. Once possession of land has been taken, i....
A person in possession of property cannot be dispossessed without following due process of law, even if the possession is unauthorized or illegal.
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
The court held that ex parte injunctions must adhere to proper legal process, emphasizing the necessity of hearing all parties and verifying possession before enforcement, thereby invalidating the ad....
Question of title can be looked into in a suit for injunction unless same is very complicated – A person who is in settled possession cannot be dispossessed except in accordance with law.
The main legal point established in the judgment is that the District Magistrate must conduct a proper enquiry before issuing an eviction order under the Jammu and Kashmir Migrant Immovable Property ....
The concept of 'Due Process' and its application in property disputes, as well as the limitations of the court's powers under Article 227 of the Constitution of India.
The trial court's ex parte orders for possession were illegal, necessitating due process and rightful hearings before dispossessing parties from joint property.
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