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2025 DAILYLAW 121893 (ALL)

KAILASH SHANKAR SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS

WRIC/1143/2025 · 2025-02-06

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7716-DB Court No. - 2 Case :- WRIT - C No. - 1143 of 2025 Petitioner :- Kailash Shankar Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Petitioner :- Ravi Shanker Tewari,Rakesh Kumar Verma,Vishwakant Srivastava Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. Considering the order proposed to be passed, issuance of notice to the opposite parties is hereby dispensed with. If interim order dated 21.11.2024 passed by the S.D.M., Sadar, Lucknow in proceedings under Section 134 of the Uttar Pradesh Revenue Code, 2006 is still operative then the District Authorities specially the Police Authorities are obliged to ensure it's compliance. Learned Standing Counsel has instructions from the opposite party No.3 that about two and half months ago, the petitioner had informed him about the aforesaid order and one Mr. Verma was undertaking constructions which was stopped and now it is said that one Mr. Mishra is undertaking construction but he was not apprised of this fact. Let the petitioner approach the opposite party No.3, who shall make an on the spot inspection and if he finds that the temporary injunction granted by the S.D.M., Sadar, Lucknow is still operative and is being violated then he shall do the needful. If he does not do the needful as per law then it is open for the petitioner to initiate proceedings against the concerned either before the S.D.M. concerned where the proceedings are pending or such other remedy as has been prescribed under law. It is made clear that our order shall not have any bearing on the pending proceedings before the S.D.M. concerned nor we express any opinion as to whether temporary injunction is being violated or not. The Writ Petition stands disposed of. Sri Shailesh Tiwari, learned Standing Counsel shall communicate this order to the opposite party No.3. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 6.2.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench