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Prayagraj, 18 April (HS). The Allahabad High Court, refusing to intervene, has rejected the petition filed under Article 226 by the wife of a PAC constable seeking possession of the land purchased through deed and action against the selling land owner.
The court said that he should have gone to the civil court to take possession of the land. But instead of going to the court, he appealed to all those places where he could not get relief. Finally took refuge in the High Court. Who cannot file a civil suit to get possession and take action for execution.
Justice JJ Munir said that Maya Devi took the deed of land from opposition Veer Bahadur Singh in Guchhupur village of Ghatampur. But when she came to take possession, she was sent away. He complained to Principal Secretary Home, District Magistrate Kanpur Nagar, Police Commissioner Kanpur Nagar, SHO Ghatampur along with SDM Ghatampur. But there was no relief. The petitioner's husband is a PAC constable in Lucknow. He complained to the Commandant. The Commandant forwarded it to the Police Commissioner Kanpur Nagar.
The court said that all of them have no right to get the possession back. The civil court has this right. The court also made serious comments on the condition of the civil court. Said that lawyers go on strike every day. Very little time is available for judicial work. Judges remain frightened by useless complaints. Have to face transfers. One has to face absurd allegations of bias. It is difficult for them to exercise their jurisdiction independently. There is a risk of the High Court overturning the order by continuing to work. Due to which his career gets harmed. To give quick relief to conscience is to take a risk. Still the petitioner should have filed the suit in the civil court. From where he can get relief. The High Court cannot hear the complaint of the petitioner by using the power of the Civil Court. The court rejected the petition and said that the petitioner can follow the advice given.
