JYOTI SHANKAR PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners' have filed the present writ petition praying for a writ of mandamus commanding the respondents not to take any action against the petitioners with regard to their peaceful living and possession in their residential house being House No.581/1, Ramanand Nagar, Allahpur, Allahabad except in accordance with law. The petitioners have also prayed for a writ of mandamus commanding the respondents to provide police protection, especially against the Sub-Inspector and In-charge Police Chowki.

(2.) The facts leading to the filing of the writ petition is, that the petitioner no.1 purchased House No.581/1 measuring 252 sq. meters at Allahpur in the name of his daughter from Sangam Lal by means of a registered sale deed dated 13th December, 2013, pursuant to which, the petitioners were put in possession and are residing therein. It is alleged that on 26th January, 2014 two persons along with armed persons came to their house and threatened the occupants to vacate the premises. These two persons alleged themselves to be the true owners of the house in question. The petitioners lodged an FIR on the same date being Case Crime No.31 of 2014. In the night of 27th January, 2014 around 10.00 pm, the same persons along with armed persons again came at their residence and started throwing out the household articles from the house. The neighbours interfered and intimated the police. The incident was also reported to the Senior Superintendent of Police. On account of the intervention of the neighbours, these unknown persons made a retreat only to come again on the night of 28th January, 2014 and, this time, these persons were accompanied by Sri S.K. Sharma, Sub-Inspector. It is alleged that these persons dragged the ladies out of the house and also indulged in beating some of the occupants. It is alleged that the house was locked by the Sub-Inspector but upon intervention of certain Advocates who are the friends of the petitioner no.1 and other officials of the administration, the possession was given back to the petitioner after midnight. It is alleged that for the incident, which occurred on 28th January, 2014, an application was filed before the police station but no first information report was lodged.

(3.) The petitioner, thereafter, filed the present writ petition, which came up for admission on 31st January, 2014. This Court appointed an Advocate Commissioner and directed him to visit the spot and submit a report. The Advocate Commissioner submitted a report indicating that the petitioners were occupying the premises and their household articles were found inside the house. The Court Commissioner also reported that an attempt was made to demolish the boundary wall at the rear portion of the house. In the light of the aforesaid report, notice was issued to respondent no.7 and to the state authorities to file a counter affidavit. The Court also directed the Senior Superintendent of Police and the Station House Officer to ensure that no unforeseen incident takes place at the premises in question and to provide adequate security to the petitioners in the event, the need arose.