Advocates:
['ABHISHEK KUMAR', '', 'ASHISH KUMAR GUPTA', 'C S C', '', 'TEJAS SINGH', 'SUDARSHAN SINGH', 'AJAY KUMAR SINGH', 'ASHISH KUMAR SINGH']

AFR

RESERVED ON 6.9.2022

DELIVERED ON 20.10.2022

Court No. 40

Case :- WRIT - C No. - 12310 of 2022

Petitioner :- Suman Singh

Respondent :- District Magistrate And 7 Others

Counsel for Petitioner :- Abhishek Kumar,Ashish Kumar Gupta

Counsel for Respondent :- C.S.C.,Ajay Kumar Singh,Ashish Kumar

Singh,Sudarshan Singh,Tejas Singh

:with:

Case :- WRIT - C No. - 24798 of 2022

Petitioner :- Smt.Manju Devi And 3 Others

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Ajay Kumar Singh,Ashish Kumar Singh,Tejas

Singh

Counsel for Respondent :- C.S.C.

Hon'ble Siddhartha Varma,J.

Hon'ble Vikas Budhwar,J.

(Per: Hon. Vikas Budhwar, J.)

1.

The question which arises and falls for consideration before this

Court in the present proceeding is with regard to the extent of judicial

intervention in matters, where admittedly, parties are litigating their rights

under the common law before the competent Civil Courts."

2.

To begin with, one Smt. Suman Singh had instituted Writ-C No.

12310 of 2022, Suman Singh vs. District Magistrate, Varanasi and 7

others (hereinafter referred to as the leading petition) before this Court

seeking following reliefs: -

"I. To issue a writ, order or direction in the nature of

mandamus commanding the respondents to restore the

possession of petitioner over her plot No. 446 area 2250 square

feet situated at Village Susuwahi, Tehsil Sadar, District

Varanasi from which petitioner was dispossessed illegally by

the state authorities with connivance of private respondents.

II. To issue any other writ, order or direction which this

Hon'ble Court may deem fit and proper in the facts and

circumstances of the case.

III. To award the cost of petition in favour of the petitioner."

3.

Perusal of the relief as sought in the above noted writ petition will

clearly reveal that the petitioner herein had sought writ, order or direction

in the nature of mandamus commanding the respondents including Smt.

Manju Devi w/o Shri Gopal Prasad, Smt. Sunita Devi w/o Lalji Gupta and

Sri Gopi Chandra Gupta son of Late Dukhnti Sav, to restore the

possession over the plot no.446 are 2250 sq. ft. situate at village Susuwhi,

Tahsil Sadar, District Varanasi, from which the petitioner claims to be

dispossessed illegally by the State authorities in connivance with the

private respondents.

4.

So far as Writ-C No. 24798 of 2022 (hereinafter referred to as the

'connected petition') is concerned, the same has been instituted by Smt.

Manju Devi w/o Shri Gopal Prasad, Smt. Sunita Devi w/o Lalji Gupta,

Smt. Lali Devi w/o Gopichand Gupta and Gopi Chandra Gupta son of

Late Dukhnti Sav, in which besides the State and its functionaries, the

petitioner in Writ-C No. 12310 of 2022, Suman Singh vs. District

Magistrate, Varanasi and 7 others (hereinafter referred to as to as 'the

leading petition') has been arrayed as Respondent no.5 seeking the

following reliefs: -

"I. Issue a writ, order or direction in the nature of certiorari

quashing exparte order dated 13.08.2022 passed by respondent

no. 3 along with memo of delivery of possession dated

16.08.2022 (Annexure 1 to the petition).

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II. Issue a writ, order or direction in the nature of Mandamus

directing respondents-authorities to restore back possession of

petitioners over their property being Arazi No. 446 M area

4080 sq. ft., situate in Mauza Susuwahi, Pargana Dehat

Amanat, Tehsil and District Varanasi, by directing respondents-

authorities to maintain statusquo ante by restoring status of the

property of petitioners as stood prior to 16.08.2022 or as

existed on 10.08.2022 when the order dated 10.08.2022 was

passed by Hon'ble Court in Writ Petition No. 12310 of 2022.

III. Issue an appropriate writ, order or direction in the nature

of mandamus directing respondents to pay compensation to the

tune of Rs. 10 lakhs towards the mental, physical agony and

distress suffered by the petitioner due to wrongf