MANISH KUMAR AND ANOTHER v. STATE OF U.P. AND 5 OTHERS
WRIC/3978/2025 · 2025-03-06
Ashwani Kumar Mishra, Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14580 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14580 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:33229-DB Court No. - 29 Case :- WRIT - C No. - 3978 of 2025 Petitioner :- Manish Kumar And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kailash Nath Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioners, Sri Sujan Singh, learned counsel for respondent no.5, learned State Counsel for the State- respondents. This petition has been filed for a direction to the respondents to open the lock put on the shop and not to interfere in their peaceful possession and business of running shop. From the materials placed on record, it is apparent that there is dispute in respect of the said shop for which civil suit no.723 of 2024 is pending. According to the petitioners, Amin report was submitted in which shop was found open. Various photographs are enclosed in order to state that the police authorities have put lock on the petitioners' shop. Taking cognizance in the matter, we passed the following orders on 20.02.2025:
"1. In the facts of the case, we direct the learned State Counsel to file the affidavit of the concerned Station House Officer that no locks have been put by the police on the premises, as is being stated orally by the State Counsel on the strength of the instructions received. Such affidavit would be filed within a period of two weeks. 2. Put up again as fresh on 07.03.2025." Today, an affidavit has been filed by the concerned Station House Officer stating that neither the police have put any lock nor they are in possession of the shop. Prima facie, we find existence of the issues in respect of the shop which is engaging attention of the civil court. In such circumstances, we would not be inclined to adjudicate such private
dispute. It is yet to be determined by the civil court. We however clarify that in view of the stand taken by the State authorities that they have not put lock on the shop, we direct that the State authorities will only act in aid of the orders passed by the Court nor would interfere in the peaceful possession of the concerned person over the shop in question.
So far as issues of the possession over the shop are concerned, it would be for the civil court where the dispute is pending to examine the issues and pass appropriate orders. Subject to the observations made above, the present petition is consigned to records. Order Date :- 7.3.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad