SHARDA CHAUHAN Vs. DISTRICT MAGISTRATE, ALLAHABAD

JUDGEMENT

(1.) THIS petition presents yet another instance of house, grab, a galloping social menace which is all too common these days.

(2.) THE petitioner has approached this Court with the complaint that she was in lawful occupation of the disputed accommodation as a tenant thereof until the forenoon of February 12, 1990. On return from the Court that day she found to her horror that some miscreants and criminals had forcibly occupied the accommodation after breaking open the locks without any legal right or authority in total disregard of the orders repeatedly passed by this Court recognizing the right and occupation of the petitioner over the accommodation. The petitioner immediately made an attempt to lodge a report with the Cantonment police narrating the entire episode and praying for immediate action. The police flatly denied to register the report or to do anything whatever in the matter without an order of the Court specifically directing restoration of possession to the petitioner over the accommodation. It is asserted that the petitioner ran from pillar to post and knocked at the door of the authorities the same evening beseeching them to intervene and remove the miscreants and restore possession of the disputed accommodation but to no avail.

(3.) AFTER this order, the third respondent, viz, Upendra Singh alias Loha Singh, filed counter-affidavit and contested the claim of the petitioner asserting that he was himself in occupation in the disputed property as a care-taker on behalf of the landlady Mrs. S.D. Penn. In the counter-affidavit it has also been alleged that he was wrongfully dispossessed from the accommodation by the police under the interim orders of this Court, dated March 2, 1990 in regard to which he has lodged a report with the Senior Superintendent of Police. It is further alleged that he is a student of LL.B. (Second Year) in the Allahabad University.