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2025 DAILYLAW 142369 (ALL)

HASEEB AND 4 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. U.P. AND 7 OTHERS

WRIC/5095/2025 · 2025-07-10

Om Prakash Shukla, Rajan Roy

body2025

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Neutral Citation No. - 2025:AHC-LKO:39712-DB Court No. - 2 Case :- WRIT - C No. - 5095 of 2025 Petitioner :- Haseeb And 4 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. U.P. And 7 Others Counsel for Petitioner :- Nirmit Srivastava,Aakchad Nath,Kshitij Gupta Counsel for Respondent :- C.S.C.,Bajhul Quamar Siddiqui Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. C.M. Application No. NIL of 2025 C.M. Application No. NIL of 2025 These are applications for amendment for adding the word "dead" before the name of opposite parties no. 6/1/5 and 6/3/3, accompanied by affidavit. The applications are allowed. Memo Heard. There are two proceedings pending between the parties. One is the suit for permanent injunction wherein it is said that a temporary injunction was granted in favour of the petitioner- plaintiff on 25.02.1989, but subsequently, when an application under Section 151 C.P.C. was filed for enforcement of the said order, the same was rejected against which the petitioner has filed a revision bearing no. 08 of 2024. The other proceedings are partition proceedings under Section 176 of the erstwhile U.P. Z.A. & L.R. Act, 1950 wherein a preliminary decree was passed against which a revision was filed by the clients of Shri B.Q. Siddiqui, learned Counsel, wherein an interim order is operating that no construction should be made. The petitioners allege violation of these interim orders. As far as, the suit proceedings are concerned, Section 151 application already stands rejected and the revision is pending. So far as, the partition proceedings are concerned, at the revisional stage there is some interim order. The revisional Courts are competent to enforce their order as has been held by a Division Bench of this Court in the case of Ajab Lal Vs. Rakesh Kumar Mishra & Ors.; 2007 (3) AWC 2783;. Even otherwise, if contempt of any order passed by a revenue Court has been committed, there is also a remedy under Section 10 of the Contempt of Courts Act, 1971, subject of course to the discretion of the Contempt Court in view of the judgment of Hon'ble the Supreme Court passed in S.K. Sarkar, Member, Board of Revenue, U.P., Lucknow vs. Vinay Chandra Misra; AIR 1981 SC 723. We see no reason to entertain this petition. The writ petition is accordingly disposed of with liberty aforesaid. Order Date :- 10.7.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench