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Allahabad High Court · body

2013 DIGILAW 834 (ALL)

District Cooperative Federation, Allahabad v. State of U. P.

2013-03-14

BHARAT BHUSHAN, SUNIL AMBWANI

body2013
JUDGMENT Sunil Ambwani & Bharat Bhushan,JJ.: - We have heard learned counsel for the petitioner. Learned standing counsel appears for the State respondents. 2. The petitioner claims to be Secretary of the of the District Cooperative Federation. By this writ petition, he has prayed for directions to respondent authorities including District Magistrate, Allahabad, to evict the unauthorized occupants from the premises of the District Cooperative Federation, Allahabad, namely, 9 Amar Nath Jha Marg, George Town, Allahabad 3. In the complaint made to the District Magistrate, the petitioner has stated that Sri Jagat Narayan Mishra, Sri Chandrama Singh and Sri Kamla Kant Mishra, described as ex-employees, have not vacated the premises even after their retirement from employment with the Cooperative Federation. Sri Anil Kumar Mishra who was allotted godown No. 7 on rent for doing the business of electric rods and plates, is unauthorizedly running an ice cream factory, without taking any permission. He is in arrears of rent since 2009. Sri Prateek Agarwal, was given a portion of the property on rent. His rent agreement was not renewed, and that he is in arrears of rent. 4. Learned standing counsel has sought instructions from the Additional City Magistrate (Ist), Allahabad, in which he has informed the Chief Standing Counsel that on account of shortage of police force, due to Maha Kumbh and disturbance in the University of Allahabad, the application of the Chairman could not be disposed of. 5. Prima facie, we do not find any good ground to issue any directions inasmuch as the alleged occupants, whether they are ex-employees or tenants who are in arrears of rent, can be evicted only in accordance with law. Instead of adopting the process of law, including filing of suit, or drawing proceedings for eviction of unauthorized occupants from the public property, the petitioner appeared to have sought the help of district administration. The district administration does not have any right, to take action against such occupants, even if they are over staying as ex-employees or are in arrears of rent, to evict them by force. No coercive action can be taken, to evict such occupants; nor any police help can be provided for, only on the asking of the Secretary of District Cooperative Federation, unless there is an order of the competent court or authority directing the District Magistrate to take such action. 6. No coercive action can be taken, to evict such occupants; nor any police help can be provided for, only on the asking of the Secretary of District Cooperative Federation, unless there is an order of the competent court or authority directing the District Magistrate to take such action. 6. The writ petition also suffers from the fatal defect of non impleadment of the persons who are sought to be dispossessed. The petitioner, however, may adopt remedies open to it in la,w to take possession of the properties allegedly in unauthorized occupation of the property of the petitioner. 7. The writ petition is dismissed, with the aforesaid observations.