The Madhya Pradesh HC led by Justice G.S. Ahluwalia dismissed a writ petition filed by the petitioners complaining that the ADG of Police had unlawfully encroaching their land. The petitioners also claimed that they had approached other competent authorities to no avail. They finally resorted to the court by filing a writ petition praying to the Court to declare the construction unlawful and deem it as an act of encroachment. They also prayed for demolishing the construction and to remove the restrictions faced by the petitioners in approaching their property.
The counsel of the petitioners represented by Balwant Singh Kushwah argued that the right to hold property was a fundamental right. By encroaching upon private land, the ADG of Police had infringed the Fundamental Right of the petitioners. The counsel also mentioned that the husband of the appellant ahd also filed a civil suit where by an order dated 30.06.2014 the respondent was ordered to not interfere with the possession. The respondent had however disposed the husband of the petitioner. Furthermore there was no averment in the petition that the order stated above had attained finality.
The Court believed that it was incorrect to complain that “right to hold a property is a fundamental right”. They explained that the petition filed was primarily against the respondent that he had acted in his private capacity and not as ADG of Police. The law has established it that a writ petition cannot be maintained against a private individual. In case of encroachment, the petitioner could apply for efficacious remedy through a Civil Suit. The court was thus of the opinion that the petition was not maintainable and dismissed it.
Laxmi Devi v. State of M.P., Writ Petition No. 24040 of 2019