RAM BABU MALI AND ANOTHER Vs. STATE OF U P AND 3 OTHERS
LAWS(ALL)-2018-1-140
HIGH COURT OF ALLAHABAD
Decided on January 16,2018

Ram Babu Mali And Another Appellant
VERSUS
State Of U P And 3 Others Respondents

JUDGEMENT

S.D. Singh, J. - (1.) This writ petition has been filed by the petitioners for the following relief:- "(i) Issue an appropriate writ, order or direction commanding the respondents to open the seal of the House No. 458/530A, Malviya Nagar, Allahabad and provide the possession of the same to the petitioners. ii) Issue an appropriate writ, order or direction commanding the respondents to provide compensation to the petitioners for the unjust and arbitrary police action dated 12.06.2007 and 05.03.2017. iii) Issue an appropriate writ, order or direction commanding the respondents not to interfere in the petitioners' possession of the property i.e. House No. 458/530A, Malviya Nagar, Allahabad without following the due process of law. iv) Issue an appropriate writ, order or direction commanding the respondents to initiate inquiry in the matter related to the police action dated 12.06.2007 and 05.03.2017 and to take necessary and appropriate actions against the officers involved."
(2.) The petitioners have asserted that upon a family partition one Rajesh Malviya (hereinafter referred to as the vendor) became exclusive owner of his 1/3rd share in property- house no. 458/530, Malviya Nagar, Allahabad. He executed a registered sale-deed in favour of the petitioners on 27.12.2005 to transfer the title, in a part thereof, being a duly demarcated portion ad-measuring 131.47 sq. meters (hereinafter referred to as the disputed property), for a consideration of Rs. 4,00,000/-. The petitioners further assert they 'took possession' and 'started living in the premises'/disputed property and thereafter obtained mutation entries in the Khasra records and also they have been paying electricity bills and municipal taxes qua the disputed property.
(3.) Then the petitioners assert that they were forcibly evicted from the disputed property by the police authorities, on 12.6.2007 allegedly at the behest of Sewa Samiti Trust, Rambagh, Allahabad, respondent no.5 in the writ petition. In this regard paragraph 8 of the writ petition reads as below: "That on 12.06.2007, without any notice or legal basis the Police forcibly dispossessed the petitioners from the aforesaid property and sealed the same. On being asked about the whole action, the Police informed the petitioners that the action has been taken on the complaint of one Seva Samiti Trust Rambagh, Allahabad.";


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