- (1.) THE petitioner is aggrieved from her dispossession by respondent No. 4 from House No. C-39, Sector 15, Noida, gautambudh Nagar and by way of this petition, she has sought relief in the nature of mandamus directing the respondent Nos. 1 to 3 to restore possession of her house by evicting respondent No. 4 and his musclemen. She has also sought relief for investigation of the case by police and submit charge sheet in light of her application Annexure-8 to the writ petition.
(2.) WE have Sri M. K. Gupta learned Counsel for the petitioner, Sri G. K. Singh, sri L. M. Singh and learned Standing Counsel for the respondents.
(3.) IT appears from the record that the petitioner is owner of disputed house. The respondent No. 4 wanted to interfere in her possession, therefore, she filed O. S. No. 842 of 1986 before Civil Judge, Ghaziabad which was decreed on 27. 4. 1991 and Civil Appeal No. 74 of 1991 preferred by respondent no. 4 against the judgment and decree of Trial Court dated 27. 4. 1991 was dismissed by 7th Additional District Judge, Ghaziabad vide order dated 23. 1. 1992. The respondent No. 4 preferred Second Appeal No. 448 of 1991 before this Court, which too was dismissed on 18. 2. 2002. These judgments are Annexures 1, 2 and 3 to the writ petition. In para 7 of the writ petition, it has been alleged that respondent No. 4 did not prefer any S. L. P. before Hon'ble Supreme Court against the judgment of High Court. When respondent No. 4 failed in his efforts to get property in question from civil side, he moved an application, under section 156 (3), cr. P. C. before Chief Judicial Magistrate, Gautambudh Nagar, copy of which is Annexure-4. The case was registered by the police and the petitioner and her husband apprehending their arrest, moved the High Court under section 482, Cr. P. C. When they were present in Allahabad in connection with their petition under section 482, Cr. P. C. , the respondent No. 4 forcibly occupied the house in question. The petitioner moved the police authorities but of no avail, hence she filed this writ petition.;