Md. Jamal vs State Of U.P. And 3 Others

Hon'ble Pankaj Bhatia,J.

This writ petition, inter alia, has been filed for the following relief;

(i) to issue an appropriate writ, order, direction in the nature of Mandamus commanding respondent nos.3 and 4 to settle the claim of the petitioner as covered by policy no. 17020199 dted 13.7.2014 (Client ID No 70413586) within a shortest possible time frame.

(ii) to issue an appropriate writ, order, direction in the nature of Mandamus commanding respondent no.4 to pass appropriate order on the petitioner's application dated 12.11.2018 (Annexure no. 5 to this application) within such shortest possible time frame which this Hon'ble Court may deem fit and proper.

Heard learned counsel for the petitioner ,the learned standing counsel appearing for the respondent and perused the record.

This Court in Writ Petition No. 50033 of 2015 (Jitendra Bahadur Singh Vs. State of UP & others) has held that the police and administrative authority must not interfere in the inter se dispute between two private parties in respect of immovable properties. In this regard, learned Standing Counsel has placed a Government Order dated 16.9.2015 issued by the Chief Secretary, Uttar Pradesh Government in pursuance of the order dated 4.9.2018 passed by this Court wherein it has been stated as follows:

"In this behalf, I am directed to say that while complying with Hon'ble High Court's order dated 04.09.2015 in letter & spirit, it be ensured that such matters of immovable property pending between the private parties, whose cases are pending before competent court or where Hon'ble Courts have passed interim order, no administrative order should be passed on miscellaneous applications. In future, if any such matter comes to the notice of the Government, then it shall be construed strictly and strict penal action shall be taken against the officers guilty for the same." [English Translation] Since the petitioner, in substance, is seeking relief against the private respondents, the present writ petition is not maintainable.

The writ petition is, accordingly, dismissed. However, the petitioner, if so advised, may take proceedings before the appropriate forum in accordance with law.

Order Date :- 25.4.2019 aks