VIJAI Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Kamlesh Sharma, learned counsel for the petitioner, Sri K.R. Singh, learned Chief Standing Counsel appearing for the State and Ms. Shreya Gupta, learned counsel for the respondent no. 7.

(2.) The petitioner has knocked the doors of this Court under Article 226 of the Constitution of India being aggrieved by the action on the part of the Sub-Divisional Magistrate, Tehsil - Kasimabad, District - Ghazipur in foraying into the dispute relating to private property on the application filed by the respondent no. 7 before the District Magistrate, Ghazipur and as such has prayed, inter alia, for the following reliefs:

(3.) This Court while issuing notice in the present writ petition vide interim order dtd. 20/7/2022 has expressed its reservation to the manner in which the authorities got indulged in a private dispute and knowingly or unknowingly side with one of the contesting parties to the litigation, resulting in filing of similar kinds of writ petitions in the past. In the said background, this Court had called upon the District Magistrate, Ghazipur, and Sub-Divisional Magistrate, Tehsil - Kasimabad, Ghazipur to file their respective personal affidavits explaining as to how they had entered into the dispute between private parties relating to the immovable property and that too during the pendency of the proceedings between parties before the Civil Court. This Court has also directed the Principal Secretary (Revenue), Government of UP, Lucknow to take action against the erring officers by initiating disciplinary proceedings.