Shahban vs Sub-Divisional Magistrate And Another

Alok Kumar Verma, J

The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers: -

“(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to vacate and remove the illegal possession.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to decide the representation which is moved by petitioner (as contained Annexure No.2 of writ petition).

(iii) Issue any other order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

(iv) Award cost of the petitioner.”

Heard Mr. Mohd. Safdar, learned counsel for the petitioner and Mr. Suyash Pant, learned Standing Counsel for the respondent no.1.

Learned counsel for the petitioner submitted that the petitioner had purchased the property in-question on 05.12.2023 vide a registered sale-deed. He is a bona fide purchaser. The respondent no.2 and her family members are in illegal possession on the said property. A representation dated 13.05.2024 was submitted before the Sub-Divisional Magistrate, Roorkee, District Haridwar, the respondent no.1. The said representation is still pending.

The petitioner is claiming his right and title over the property in-question on the basis of a sale-deed dated 05.12.2023. As per the petitioner, the respondent no.2 and her family members are in illegal possession of the property.

It is evident from the case set up by the petitioner in this petition that there is a private disputes relating to an immovable property between the petitioner and the private respondent. The dispute is between private parties in respect of an immovable property. The petitioner can take recourse to such remedy, which is available under law.

The writ petition is wholly misconceived and is accordingly dismissed.