SMT. SAKINA v. ZILADHIKARI DISTRICT SHRAVASTI AND 20 OTHERS
WRIC/1613/2025 · 2025-02-18
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124162 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124162 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10469-DB Court No. - 2 Case :- WRIT - C No. - 1613 of 2025 Petitioner :- Smt. Sakina Respondent :- Ziladhikari District Shravasti And 20 Others Counsel for Petitioner :- Awadhesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioner alleges violation of the status quo order passed by the learned Additional Civil Judge (J.D.), Shravasti in Regular Suit No.1497/2018 (Smt. Sakina Vs. Surkun and others), under Section 39 Rule 1 & 2 C.P.C. by the opposite parties No.4 to 21, who are defendants in the said suit. Learned Standing Counsel has instructions from the police authorities to inform this Court that status quo is being maintained as of now and only proceedings for preventing breach of peace were undertaken by the police. The allegation in the petition is that in spite of status quo order, the opposite parties have been digging foundation of his house. As long as the status quo order operates, the police authorities are obliged to maintain the same unless ofcourse the possession itself is in dispute. We cannot, in these proceedings, decide as to what was the status quo on the date of passing of the order. The petitioner, if he has any grievance, shall move an application under Order 39 Rule 2A C.P.C. read with Section 151 C.P.C. before the court below. The Writ Petition stands disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 18.2.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench