SANGRAM AND 3 OTHERS v. STATE OF U.P. THRU. DISTRICT MAGISTRATE SULTANPUR AND 3 OTHERS
WRIC/5561/2025 · 2025-07-08
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143901 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143901 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38517-DB Court No. - 2 Case :- WRIT - C No. - 5561 of 2025 Petitioner :- Sangram And 3 Others Respondent :- State Of U.P. Thru. District Magistrate Sultanpur And 3 Others Counsel for Petitioner :- Rajesh Kumar Shukla,Yogesh Prajapati Counsel for Respondent :- C.S.C.,Durgesh Kumar Pathak Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Vakalatnama has been filed by Sri D.K. Pathak & Sri G.K. Verma, Advocates on behalf of opposite party no.4 which is taken on record. Heard. Learned Standing Counsel has instructions from the police parties that neither of the parties could show documents and that no construction is taking place as of now. However, the instructions are absolutely silent as to whether the police authorities are interfering in civil dispute or not. Instruction says that proceedings have been initiated under Sections 126 and 135 of B.N.S.S., 2023. The tehsil authorities have instructed learned Standing Counsel to inform the Court that revenue authorities are not interfering in any construction being made by the petitioner.
Learned counsel for opposite party no.4 says that land which is Abadi land in fact belongs to his client having been bequeathed to him by his grand-father by a registered will dated 04.03.2005 and opposite party no.4 was in possession but was dispossessed by the petitioners illegally. He says that an F.I.R. was sought to be lodged which was not registered though he admits that no further proceedings have been undertaken under the criminal law. He, however, informs that a civil suit bearing No.795/2024 [Saroj Kumar vs. Sangram & Ors.] has been filed wherein temporary injunction application is pending and according to him, the petitioners have put in appearance in the suit, a fact about which petitioners' counsel is not aware but it is an admitted fact that the petitioners have annexed the orders passed in the aforesaid suit. We asked the petitioners' counsel as to under what authority of law he was in possession, he was unable to give any reply.
Nevertheless, without expressing any opinion on the issues involved in the suit for permanent injunction filed by opposite party no.4, this petition is disposed of in the following terms:- (i) That the police officials can interfere in such matters only if there is a law and order problem, apprehension of breach of peace, apprehension of commission of any crime or it has actually been committed or there is order of any court to be complied or there are other valid grounds in any law/statue for their interference. (ii) The temporary injunction application filed by opposite party no.4, if any, in Original Suit bearing No.795/2024 [Saroj Kumar vs. Sangram & Ors.] shall be considered and disposed of by the trial court within six weeks from the date of receipt of a certified copy of this order. (iii) Our order shall not be understood as conferring any right upon the petitioners in respect of the land in question whether it be of title or possession nor would it be understood as having accepted the claim of the petitioner in this regard as we have only interfered to the limited extent restraining the police authorities from interfering in a civil dispute unless the grounds mentioned hereinabove exist. (Om Prakash Shukla,J.) (Rajan Roy,J.)
Order Date :- 8.7.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench