MOHD. AHMAD v. STATE OF U.P. THRU. SECY. HOME GOVT. LKO. AND 8 OTHERS
WRIC/1712/2025 · 2025-02-19
Om Prakash Shukla, Rajan Roy
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 123906 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123906 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10779-DB Court No. - 2 Case :- WRIT - C No. - 1712 of 2025 Petitioner :- Mohd. Ahmad Respondent :- State Of U.P. Thru. Secy. Home Govt. Lko. And 8 Others Counsel for Petitioner :- Anjani Kumar Dvivedi,Suresh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Considering the order proposed to be passed, issuance of notice to the private parties is dispensed with, especially as the said
order has been passed in appeal after hearing the private opp. parties. Heard learned counsel for the petitioner as also the learned Addl. C.S.C. and perused the record. The petitioner has filed with the following main prayers:
“1. Wherefore, it is most respectfully prayed that this Hon'ble court may kindly issue an order or direction in the nature of mandamus commanding and directing the opposite party no. 2 to consider and decide the representation of the petitioner dated 16-01-2025 moved by the petitioner through IGRS system registered as reference no. 40017925001550 contained as annexure no. 1 of writ petition, moved with a prayer to take proper action against the persons who are harassing the petitioner through police personals in a very illegal manner. 2. It is further prayed that the Hon'ble Court may graciously be pleased issue a writ order or direction in the nature of Mandamus commanding the opposite party no. 3 to insure that petitioner be not harassed by putting threat of arrest and sent behind bar on refusal of the non-signature of the forged compromise regarding sale of petitioners house with a purpose to violate the judicial order passed by the Session Judge, Sultanpur in the interest of justice.”
Allegation is that in spite of order of the Appellate Court dated 25.5.2023 passed in Misc. Civil Appeal No. 40 of 2021 wherein prima facie finding has been recorded regarding possession of the petitioner and status quo has been ordered to be maintained till pendency of the suit No. 1458 of 2018, the Police officials are interfering in the matter. The Police officials shall not interfere in the matter, as alleged, unless there is a law and order problem or apprehension of breach of peace or any crime is committed or apprehended of being committed or there are any other valid ground(s) under
any law or statute for their interference and they shall not in any manner try to influence either of the parties with regard to the subject matter of Suit No. 1458 of 2018, out of which the aforesaid appeal has arisen, as long as there is an interim order of the District Court operational. This order is without prejudice to the rights of the private opp. parties, who can contest the matter in the suit before the court below, uninfluenced by this order.
If the petitioner has any grievance, he can approach the Superintendent of Police concerned, who shall get the facts verified and do the needful to ensure compliance of the order passed by the Appellate Court as long as it is operative. With the above observations/directions, this writ petition is
disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.)
Order Date :- 19.2.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench