DINESH PRATAP SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. DEPT. OF HOME AND 11 OTHERS
CRLP/452/2025 · 2025-01-17
Om Prakash Shukla, Vivek Chaudhary
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 118407 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118407 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3100-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 452 of 2025 Petitioner :- Dinesh Pratap Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Dept. Of Home And 11 Others Counsel for Petitioner :- Mayankar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for petitioner and learned A.G.A. for State.
2. Present writ petition is filed by petitioner for the following primary relief:- (i) to issue a writ, order or direction in the nature of mandamus commanding the Respondent Nos. 5 and 7 not to compel the petitioner to handover his property/shops which situate on Khasra No.l1123 adjacent to the disputed piece of vacant land situated in same khasra admeasuring 6000 square feet as per the own admission of the Respondent No.12 before the Hon'ble Supreme Court based on report of Survey No.1123 which was filed by him in Criminal Appeal No.5404 of 2024 (Arising out of SLP (Criminal) No.2020 of 2023) Abhay Pratap Singh Vs. State of U.P. and others, that the disputed land is vacant;
3. It is admitted that the dispute between petitioner and respondent no.12 is already decided by Supreme Court in its judgment and order dated 17.12.2024 passed in Criminal Appeal No.5404 of 2024 (Arising out of SLP (Criminal) No.2020 of 2023) Abhay Pratap Singh Vs. State of U.P. and others with certain directions. Now it is claimed by the petitioner that D.C.P. Central Zone, Lucknow, U.P. in the garb of the said judgment and order dated 17.12.2024 of the Supreme Court is taking possession of more property than the property
directed by the Supreme Court. It is further submitted that a review application is already filed in the Supreme Court which is likely to come up next week. In the aforesaid circumstances, learned counsel for petitioner emphatically prays for an injunction against respondents in interfering in his property beyond the property directed by the Supreme Court in its judgment and order dated
17.12.2024.
4. Since, petitioner has already approached the Supreme Court by way of review application for review of the aforesaid order dated 17.12.2024, this Court is not inclined to exercise its extraordinary jurisdiction in the matter. In case petitioner has any urgency in the matter, it is always open for him to make a mention of the matter before the Supreme Court.
5. With the aforesaid, the writ petition is dismissed.
Order Date :- 17.1.2025 Arti/- [Om Prakash Shukla,J.] [Vivek Chaudhary,J.] Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench