RANA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioner Smt. Rana Singh has prayed for the following reliefs :

(2.) In brief, her case is that she was peacefully residing in house No. 525-Kha/32 situating in plot No. 10 of Mahanagar, and was also in peaceful possession of the plot No. 10. on the basis of registered deed of sale/ assignment dated 2.9.1997 executed by its erstwhile owner/lessee and it was on 5.10.1999 that opposite party Nos. 11 to 14 accompanied, by several other officials, reached the said house with heavy police and P.A.C. contingents and started taking out her household-effects therefrom and dumping the same along the nearby road. She has stated that her protests, requests, appeals did not deter the officials and they said that there were orders from the highest functionary of the State Government, to evict her from the house and plot and to put Sri Alok Gupta in possession. She alleges that her family members including her husband were assaulted, insulted and intimidated and not only this video-camera belonging to her husband was also snatched, because the proceedings of alleged eviction of the petitioner were being filmed. She says in para 48 of the writ petition that apprehending illegal eviction, and some foul play, she had already sent information on 6.8.1999 (Annexure-27) to S.H.O., Mahanagar, to treat the same as first information report and protect her from illegal and forcible eviction, but what to say of protecting her from the same, Mahanagar Police actively participated in her illegal eviction dated 5.10.1999. She goes on to say that her written requests to S.H.O., Mahanagar and to S.S.P., Lucknow to register the crimes and take action, against all those guilty officials who committed various crimes on 5.10.1999, went unheeded.

(3.) The sum and substance of her case is that she has been evicted from the house and plot in question, otherwise than in accordance with law, by the officials of the State Government and the Lucknow Development Authority and she and her family members have been rendered homeless. Her grievance is that no legal action has been taken against the official concerned, for this highhandedness and for violating the fundamental and other rights of the petitioner.