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2025 DAILYLAW 14454 (ALL)

KAMLESH KUMAR AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/3513/2025 · 2025-02-07

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18733 Court No. - 33 Case :- WRIT - C No. - 3513 of 2025 Petitioner :- Kamlesh Kumar And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Lal Mani Singh Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. The writ petition is filed by the petitioner praying for following relief:- "(i) issue a writ, order or direction in the nature of MANDAMUS direct the respondent administrative authority to remove the illegal encroachment/possession over the petitioners Gata No.1947/1, 1947/3 and 1947/4 situated at village Village Kataiya, Post Badhin, District Auraiya from the respondent no.4 and 5. (ii) issue a writ, order or direction in the nature of MANDAMUS direct the respondent no.2 i.e. District Magistrate, Auraiya to decide the representation of the petitioner dated 04.12.2024 within stipulated as fixed by this Hon'ble Court." Learned counsel for the petitioner submits that the private respondents have encroached upon the land of the petitioner in respect of which a suit is pending and an injunction order has been passed in favour of the petitioner. However, the respondents hare not complied with the aforesaid order. This Court is of the opinion that any order of the civil court is not being complied with, it would be open for the petitioner to move an appropriate application before the civil court concerned for execution of the temporary injunction order or for violation of the order. The writ petition is not maintainable and is accordingly, dismissed. However, liberty stands granted to the petitioner to approach the court concerned in respect of violation of the order of civil court. Order Date :- 7.2.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad