Eviction case: HC refers matter to CJ for initiating disciplinary probe against civil judge
PRAYAGRAJ, Jan. 6 -- The Allahabad high court on Monday directed the immediate restoration of possession of an ancestral home to a woman who was forcibly evicted along with her three minor children by a joint team of police and revenue officials. The court condemned the action as a "gross abuse of the process of law" and the administrative powers.
The court also referred the matter to the chief justice for initiating a disciplinary inquiry against the civil judge (junior division) of Siddharthnagar. The bench held that the judge "acted with undue haste and material irregularities."
The court imposed Rs 1 lakh cost on Pramod Kumar Yadav, a Peshkar (court employee) in the court of the chief judicial magistrate of Siddharthnagar.
The court called the eviction by the police-revenue team as illegal. The cost was imposed for the "illegal dispossession and mental trauma" inflicted upon the petitioner and her children.
A division bench of Justice Manoj Kumar Gupta and Arun Kumar Singh passed the order in a petition filed by one Soni.
The case revolves around an ancestral house in Siddharthnagar, built by the petitioner's father-in-law. After his death, the names of her husband and other family members were recorded. The petitioner ran a beauty parlour from a portion of the house, which was the family's sole source of income.
The court noted that the petitioner's husband and his brother fell into bad company with Yadav, who is a court official. Allegedly taking advantage of their situation, Yadav procured a sale deed in February 2024 for a specific, undivided portion of the house where the entire family resided, despite knowing no partition had ever taken place.
Later, Yadav filed a civil suit seeking an injunction against the family. Civil judge (JD) on the very day of filing (January 27, 2025) not only issued summons but also granted an ex parte interim injunction in Yadav's favour, without any inquiry into possession. Even before the date fixed for the defendants to file their reply, on an application by Yadav, the district court on February 5, 2025, directed police officials to "comply" with the injunction order.
Since Yadav was never in actual possession, he then allegedly moved a complaint to the superintendent of police in May 2025, falsely claiming that the family had taken forcible possession despite the court order. Acting on this, police and revenue officials reached the petitioner's house on July 18, 2025.
The petitioner was forcibly arrested and detained in a police vehicle along with her three children, aged 8, 4, and 3....
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