SUMAN SINGH Vs. DISTRICT MAGISTRATE
LAWS(ALL)-2022-10-37
HIGH COURT OF ALLAHABAD
Decided on October 20,2022

SUMAN SINGH Appellant
VERSUS
DISTRICT MAGISTRATE Respondents


Referred Judgements :-

MOHAN PANDEY AND ANOTHER VS. USHA RANI RAJGARIA (SMT) [REFERRED TO]
PARAGRAPHS KISHORE KUMAR KHAITAN AND ANOTHER VS.PRAVEEN KUMAR SINGH [REFERRED TO]
NATIONAL BANK AND OTHERS VS. ATMANAND SINGH [REFERRED TO]
GUNWANT KAUR VS. MUNICIPAL COMMITTEE BHATINDA [REFERRED TO]
RAMESH HIRACHAND KUNDANMAL VS. MUNICIPAL CORPORATION OF GREATER BOMBAY [REFERRED TO]
SWETAMBAR STHANAKWASI JAIN SAMITI VS. ALLEGED COMMITTEE OF MANAGEMENT SRI R J I COLLEGE AGRA [REFERRED TO]
WHIRLPOOL CORPORATION VS. REGISTRAR OF TRADE MARKS MUMBAI [REFERRED TO]
ROSHINA T VS. ABDUL AZEEZ K.T. & ORS. [REFERRED TO]


JUDGEMENT

VIKAS BUDHWAR, J. - (1.)The question which arises and falls for consideration before this Court in the present proceeding is with regard to the extent of judicial intervention in matters, where admittedly, parties are litigating their rights under the common law before the competent Civil Courts."
(2.)To begin with, one Smt. Suman Singh had instituted Writ-C No. 12310 of 2022, Suman Singh vs. District Magistrate, Varanasi and 7 others (hereinafter referred to as the leading petition) before this Court seeking following reliefs: - "I. To issue a writ, order or direction in the nature of mandamus commanding the respondents to restore the possession of petitioner over her plot No. 446 area 2250 square feet situated at Village Susuwahi, Tehsil Sadar, District Varanasi from which petitioner was dispossessed illegally by the state authorities with connivance of private respondents. II. To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. III. To award the cost of petition in favour of the petitioner."
(3.)Perusal of the relief as sought in the above noted writ petition will clearly reveal that the petitioner herein had sought writ, order or direction in the nature of mandamus commanding the respondents including Smt. Manju Devi w/o Shri Gopal Prasad, Smt. Sunita Devi w/o Lalji Gupta and Sri Gopi Chandra Gupta son of Late Dukhnti Sav, to restore the possession over the plot no.446 are 2250 sq. ft. situate at village Susuwhi, Tahsil Sadar, District Varanasi, from which the petitioner claims to be dispossessed illegally by the State authorities in connivance with the private respondents.


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