High CourtsSingle Bench(2021) 04 UK CK 0029

Saheen Saifi vs District Magistrate, Udham Singh Nagar & Others

Uttarakhand High Court · Decided on 7 April 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 828 Of 2021

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Judgment

9 paragraphs · 223 words

Manoj Kumar Tiwari, J

1.

According to the petitioner, the Joint Magistrate/S.D.M., Kashipur, District Udham Singh Nagar had passed an order on 03.04.2021, directing the Station House Officer, Police Station ITI, Udham Singh Nagar not to evict the tenant (petitioner herein) without following due process of law.

2.

It is the case of the petitioner that her landlord has put lock on petitioner's showroom due to which she is unable to run her business.

3.

By means of this writ petition, petitioner has sought following reliefs:-

(i) Issue a writ order or direction in the nature of mandamus to direct the respondent no 4 to comply with the order dated 03.04.2021 (Contained in Annexure-2) passed by respondent no. 2, expeditiously and within a stipulated time.

(ii) Issue a writ order or direction in the nature of mandamus to direct the respondents to restore the peaceful possession of the petitioner to her shop situated at Bazpur Road, Near Dronasagar, Tehsil Kashipur, District Kashipur.

4.

Petitioner has raised a private dispute with her landlord, which cannot be resolved in a public law remedy under Article 226 of the Constitution of India.

5.

Accordingly, writ petition is dismissed. However, petitioner shall be at liberty to approach the authorities of Police Department.

6.

Let certified copy of this order be supplied to the petitioner within 24 hours.