Neutral Citation No. - 2025:AHC:12940-DB Court No. - 29 Case :- WRIT - C No. - 30882 of 2024 Petitioner :- Vijay Alias Roopa Chela Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ashok Kumar Singh Bais Counsel for Respondent :- Arju,C.S.C.,Ulajhan Singh Bind Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This petition has been filed seeking following relief:- "1. Issue a writ order or direction in the nature of mandamus directing the respondent no.2 to restrain the respondent no.4 not to interfere in receiving of greeting on auspicious occasion in specific area of the petitioner by means of deciding the representation dated 27.8.2024 filed by the petitioner within some specific period as this Hon'ble Court be may fit and proper, so that justice may be done." It is asserted that petitioner is a transgender and was visiting certain areas over which she had jurisdiction to go but by misconstruing the order passed by a Co-ordinate Bench of this Court in Writ-C No.24213 of 2024 decided on 29.7.2024 the petitioner is being restrained from entering in the area which is kept exclusively for the private respondent. The order passed by this Court in the previous petition dated 29.7.2024 reads as under:- "1. Petitioner describes herself as a transgender person. Her grievance is that respondent nos. 5 to 10 who are also members of transgender community have been harassing the petitioner. They have assaulted the petitioner in the past and have also been issuing regular threats to the petitioner to abide by their dictates. In that regard the respondents are described to have claimed a particular area of city Saharanpur as their 'territory' wherein the petitioner is being restrained to visit any household on any occasion of child birth or marriage. Thus the alms that the petitioner gets and which alone provide the means of sustenance are being deprived to the petitioner. Thus allegations have been made of denial of opportunity to avail material means to survive and of threat to life and property. 2. While the National Council exists under Act No.40 of 2019 and it may remain open to the petitioner to ventilate their grievance before the said body with respect to specified matters, at the same time the petitioner as a citizen is entitled to protection of life and liberty with dignity, as any other citizen. 3. Prima facie, no criminal case appears to exist against the petitioner. Thus, a clear case is made out by the petitioner to be assured of protection of their life, liberty and property, with dignity. 4. Insofar as the fact allegations are concerned, we are not in a position to reach any firm conclusion at this stage. 5. Accordingly, the writ petition is disposed of with a direction subject to the petitioner filing a proper application before respondent no.2 supported by their personal affidavit annexing thereto copies of all documents (including electronic evidence) etc., within a period of two weeks from today that application may be considered on its own merits, in accordance with law after calling for necessary report. If necessary, the District Magistrate- Saharanpur may entrust the responsibility to appropriate officer to ensure that respondent nos. 5 and 10 may not cause any illegal restraint to the enjoyment of fundamental rights of life and liberty, with dignity, by the petitioner. In any case, necessary arrangements may remain in place so that the life, liberty and property of the petitioner are not subjected to any undue harm by the respondents." The only direction issued by this Court in favour of the fourth respondent was not to cause any illegal restraint to the enjoyment of the fundamental rights of life and liberty, with dignity in favour of the private respondent. While issuing such a direction this Court had neither specified any area for exclusive use of fourth respondent nor such a direction could otherwise be issued in exercise of writ jurisdiction. The only protection granted to fourth respondent was not to cause any illegal restraint in the liberties of the private respondent. To what extent any of the private persons i.e. petitioner or respondent no.4 would be entitled to visit or exercise territorial rights as per their customs and traditions would be an aspect to be determined by the competent civil court. In such circumstances, while clarifying the above position, we dispose of this petition observing that inter-se dispute between petitioner and fourth respondent would be left to be resolved in appropriate civil proceedings and the only protection available to the parties would be for preservation of their life and liberty, in accordance with law. Order Date :- 24.1.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad