DURGPAL SINGH AND 7 OTHERS v. State of UP AND 8 OTHERS
WRIC/33874/2024 · 2025-02-19
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 103953 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 103953 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:24882 Court No. - 7 Case :- WRIT - C No. - 33874 of 2024 Petitioner :- Durgpal Singh And 7 Others Respondent :- State Of Up And 8 Others Counsel for Petitioner :- Vijai Shanker Tripathi,Vinod Shankar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The petitioners have preferred the present petition inter alia with the prayer to quash the order dated 18.05.2024 passed by Sub Divisional Magistrate, Tehsil Sadar, District Bareilly.
2. In the suit filed by the petitioner under section 144 U.P. Revenue Code, 2006 before the Sub Divisional Magistrate, Tehsil Sadar, District Bareilly an interim injunction was granted directing the parties to maintain status-quo on 27.04.2024 and the matter was
directed to be listed again on 18.05.2024. On 18.05.2024 an application for extension of the interim injunction was filed but the same was rejected by him on the same day without assigning any reasons. Aggrieved against the aforesaid the petitioners have preferred the present petition.
3. It is argued that once the injunction was granted and no stay vacation application or reply/objection was filed by the opposite parties, there was no occasion for the respondent no. 2 to reject the application submitted by the petitioners for extension of interim
order.
4. Heard counsel for the parties and perused the record.
5. From perusal of record, it is clear that even the injunction order
was granted in favour of the petitioners dated 27.04.2024 without assigning any reason whatsoever and when the application was filed for the extension of the aforesaid interim order the same was rejected again without assigning any reason.
6. In this view of the matter both the orders dated 27.04.2024 as well as 18.05.2024 are bad in the eyes of law, hence liable to be set aside and hereby set aside. Respondent No.2 is directed to pass a fresh order strictly in accordance with law, most expeditiously and preferably within a period of three weeks from today.
7. With the aforesaid observation, the present petition stands
disposed of.
8. The Registrar Compliance is directed to communicate the copy of this order to the respondent no. 2/Sub Divisional Magistrate, Tehsil Sadar, District Bareilly, through District Magistrate, Bareilly within 24 hours.
Order Date :- 20.2.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad