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2025 DAILYLAW 111618 (ALL)

SAEED AHMAD v. STATE OF U.P. AND 9 OTHERS

WRIC/42157/2024 · 2025-08-07

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134883 Court No. - 34 Case :- WRIT - C No. - 42157 of 2024 Petitioner :- Saeed Ahmad Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Pawan Kumar Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayers; "a. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent No. 2 to ensure the compliance the order dated 27.10.2023 passed by the Civil Judge (Junior Division) Rampur in Civil Suit No. 173 of 2023 Abdul Samad & others vs. Sajid Ali & others whereby restrained the respondent No.3 to 10 forever from interfering in the peaceful possession of the petitioner and others over arazi No 698 ka rakba 0.2010 hect situated at village Dadiyal Entemali, Tehsil-Tanda, district-Rampur so that the justice may be done. b. Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to decide the representation of the petitioner dated 12.03.2024 within stipulated period by a speaking and reasoned order and direct the police of concerned police station to take strict legal action against respondent No.3 to 10 and dispossess them from disputed property of the petition so that the justice may be done; otherwise the petitioner shall suffer irreparable loss and injury (Annexure No.3)." 2. The prayer made in the writ petition cannot be granted by this Court as in case any temporary injunction has been violated by private respondent, petitioner has a remedy to file an application under Order XXXIX Rule 2 (A) CPC in the suit, which is pending consideration. No direction can be issued by this Court while exercising jurisdiction under Article 226 of the Constitution of India. 3. Writ petition is misconceived and stands dismissed. Order Date :- 8.8.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad