CHANDRA BHAN SINGH v. STATE OF U.P. THRU. DISTT. MAGISTRATE, AYODHYA AND OTHERS
WRIC/3264/2025 · 2025-04-05
Om Prakash Shukla, Rajan Roy
body2025
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[ 2025 DAILYLAW 131823 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 131823 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19196-DB Court No. - 2 Case :- WRIT - C No. - 3264 of 2025 Petitioner :- Chandra Bhan Singh Respondent :- State Of U.P. Thru. Distt. Magistrate, Ayodhya And Others Counsel for Petitioner :- Rajesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. In view of the order proposed to be passed, issuance of notice to opposite parties no. 4 to 8 is dispensed with.
3. The petitioner has already initiated proceedings under Order XXXIX Rule 2-A of the Code of Civil Procedure, 1908 before the Gram Nayalaya, Milkipur, Ayodhya for violation of the temporary injunction granted by it by the opposite parties no. 6 to 8, who are defendants in the said suit, however, the contention is that the opposite party no.3-Station House Officer, Police Station Inayatnagar, district Ayodhya, is facilitating the violation and pressurizing the petitioner in favour of the private opposite parties.
4. The petitioner shall move an application before opposite party No.2, who shall get the matter inquired in the light of the allegations made and do the needful so that the police does not interfere in a civil dispute unless there is any law and order situation, apprehension of breach of peace, apprehension of commission of crime or the crime has been actually committed
or there is any order of the court to be complied with or if there is any other ground in law for valid interference, then the police authorities can interfere but only to that extent.
5. In so far as opposite party No.6 to 8, the Civil Court is
directed to consider the application of the petitioner filed under
Order XXXIX Rule 2-A of the Code of Civil Procedure, 1908, if there is no other legal impediment and take a decision thereon at the earliest.
6. The District Authorities would be obliged to ensure the compliance of the temporary injunction granted by the Court in the Civil Suit bearing No.10/2025 unless there is any legal impediment in this regard.
7. This order has been passed without prejudice to the rights of the opposite parties no. 4 to 8, who are defendants in the suit.
8. With the aforesaid observations/directions, the writ petition is disposed of.
9. Shri Manish Mishra, learned Additional Chief Standing Counsel for the State shall communicate this order to the Senior Superintendent of Police, District-Ayodhya for compliance. . (Om Prakash Shukla, J.) (Rajan Roy, J.)
Order Date :- 5.4.2025 Ajit Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench