VIPIN KUMAR v. STATE OF U.P. THRU. THE ADDL. CHIEF SECY. DEPTT. OF HOME AND 9 OTHERS
WRIC/2726/2025 · 2025-03-26
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129216 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129216 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17261-DB Court No. - 2 Case :- WRIT - C No. - 2726 of 2025 Petitioner :- Vipin Kumar Respondent :- State Of U.P. Thru. The Addl. Chief Secy. Deptt. Of Home And 9 Others Counsel for Petitioner :- Brijesh Kumar Yadav,Ajay Kumar Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Vakalatnama filed by Shri Samarth Saxena, Advocate on behalf of opposite party no.6 and supplementary affidavit filed by learned counsel for the petitioner are taken on record.
2. Heard.
3. The Suit in question, wherein there is a temporary injunction, is in respect of Gata No.760 and the said Suit is for permanent injunction, whereas learned counsel for respondent no.6 states that he has purchased Gata No.1473/3 from one Parvati Gupta and this Gata is not subject matter of the Suit wherein Parvati Gupta is a party. The latter Gata is adjacent to Gata No.760.
4. In view of the aforesaid, we are of the opinion that these are not matters to be interfered under Article 226 of the Constitution of India.
5. It is also made clear that if the order passed by the Civil Court has been violated by the police authorities, proceedings may be initiated under Order 39 Rule 2A of the Code of Civil Procedure (CPC) or under Section 10 of the Contempt of Courts Act, 1971, if otherwise permissible. Further, if the order passed
by the SDM under Section 145 of the Code of Criminal Procedure (CrPC) is being violated, then the petitioner may approach the SDM, who shall do the needful, as per law.
6. The writ petition is accordingly disposed of with liberty to the petitioner to avail other remedies. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 26.3.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench