PRADEEP KUMAR SRIVASTAVA,J - (1.) Heard Sri Shiv Bahadur Singh, learned counsel for the petitioner, Sri Vijay Gopal, learned Standing Counsel appearing on behalf of the State and perused the record.
(2.) This petition has been filed with the following prayer:- "(i) issue mandamus directing the S.S.P. Agra-Respondent no. 4 to enquire into the allegation and if the same as found with substance, the necessary action be taken against the guilty. (ii) Direct the S.S.P. Agra to restore to possession of petitioner as was ante to 08.01.2019. (iii) issue any other suitable order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iv) Award the cost of the petition to petitioners."
(3.) The petitioner has stated that one Vishram was the owner of house no. 13A/755/1 (hereinafter referred as disputed house) is situated at Firozabad Road, Agra. Vishram was owner in possession of the disputed house during his life time and thereafter, Bengali Babu inherited the disputed house as his son. Bengali Babu executed a will deed in favour of Savitri Devi wife of Lakhan in the year 1996 and after her death on 09.12.2014, the petitioner who is the grand son of Savitri Devi was residing in the disputed house. The house was assessed in the name of Savitri Devi, however, the respondent no. 1 to 3 started claiming their rights in the disputed house. when they did not succeed in their evil design, respondent no 3 approached SHO of PS Etmaddaula, District Agra who called the petitioner to police station and on 18.12.2018 he obtained forcibly his signature on an application, mentioning him to be tenant, that he shall vacate the said house by 18.12.2018. Immediately thereafter, on 19.12.2018, petitioner filed a civil suit O.S. No. 1406 of 2018 before Civil Judge (S.D.) seeking relief of permanent injunction, in which notice were issued to respondent No. 1, 2 and 3 on the same day and Amin report was called. The respondent no. 3 with police deputed by SHO came over the disputed house on 08.01.2019 and wife of the petitioner's brother who was in the disputed house was forcibly dispossessed from it, her house hold was thrown out, the main door was locked and the disputed house was forcibly vacated. A complaint was filed before the SSP, Agra on 09.01.2019. The police got the house forcibly vacated without any authority of law knowing the fact that the civil proceedings with regard to same is pending. The act of the police is wholly illegal and without any authority of law and is violative of Article 14 and 21 of the Constitution of India and therefore, this writ petition was filed. The copy of OS No. 1406 of 2018 has been annexed stating the pedigree of Vishram and the petitioner has claimed the disputed house through Savitri Devi in whose favour will was allegedly executed by Bengali Babu son of Vishram. Respondent No. 4 and 5 separately filed their counter affidavit and supplementary counter affidavit and vice- versa from the petitioner side rejoinder and supplementary affidavits have been filed. The petitioner has claimed that Bengali Babu son of Vishram executed will deed of the disputed house in favour of Smt. Savitri Devi. The will is not registered and it was alleged to have been executed on 06.09.1996. ;