MADAN GOPAL GUPTA DIDWANIA Vs. DISTRICT MAGISTRATE VARANASI

JUDGEMENT

(1.) THIS writ petition has been filed for a mandamus directing the respondents to vacate the petitioners premises/Dharamshala situate at House No. CK 30/1, Mohalla Gyanvapi, P.S. Chowk, District Varanasi. Heard learned Counsel for the parties.

(2.) THE petitioner is the owner of the premises in Varanasi, which consists of a three storeyed building. The petitioners grand -father, late Seth Shiv Dutt Rai, purchased a piece of land and in the year 1913 -14 built the present three storeyed building to use as a Sarai/Dharamshala for Hindu pilgrims.

(3.) IT is alleged in paragraph 7 of the petition that police personnel are unlawfully and without authority occupying the said Dharamshala and are wrongly using the facilities like electricity, water, telephone etc. free of cost and are damaging the building. It is alleged that they are creating unhygienic conditions and the Dharamshala has become dirty. It is alleged in paragraph 8 that the Police personnel entered the Dharamshala by threatening the Petitioner No. 1 who is an old and ailing man. On 5 -11 -90 the personnel of CRPF entered into the premises and occupied some of the rooms in the second floor. Thereafter the PAC entered into it and occupied a few rooms. The petitioners filed Writ Petition No. 5278 of 1991 in which an order was passed on 21 -3 -1991 by a Division Bench of this Court copy of which is Annexure -5 to the writ petition. By that order the respondents were directed to vacate the premises or show cause within two weeks. This order was served on the SSP, Varanasi who directed the Police personnel to vacate the premises and they vacated it on 11 -4 -1991 and possession was given to the petitioner. However, the petitioner suffered loss due to unauthorized use of electricity, water and telephone. It is alleged in paragraph 12 of the writ petition that again on 8 -12 -92 the CRPF and Civil Police came into the premises and forcibly threatened the pilgrims and staff of the Dharamshala. The Petitioner No. 1 sent urgent message to the SSP, Varanasi and the District Magistrate on 8 -12 -1992 about this illegal intrusion. The CRPF then vacated the premises but the PAC again entered into the premises with a large number of Police and occupied the entire building. It is alleged that the PAC is still occupying the Dharamshala rooms and are unauthorisedly using electricity, water and telephone connection. It is alleged in paragraph 17 of the petition that since 10 -12 -1992 the petitioner had not been permitted to enter into his own premises. The petitioner has to pay the telephone bills to avoid recovery, and electricity is being utilized by the police personnel at the cost of the petitioner who had to pay the same. It is alleged that on 15 -12 -92 the PAC turned out the staff of the petitioner permitting only one of them to remain. Petitioner No. 1 is an old and ailing person and is being continuously harassed by the police. It is alleged in paragraph 20 of the writ petition that on 18 -12 -92 the Chowki Incharge of Vishwanath Chowk, Varanasi informed the petitioner that the premises will be vacated but that was not done and the petitioner was not permitted to enter the premises. The petitioner sent representations but to no avail.