USHA DEVI AND ANOTHER v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT.OF HOME AND 11 OTHERS
WRIC/5885/2025 · 2025-07-17
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146163 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146163 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:40731-DB Court No. - 2 Case :- WRIT - C No. - 5885 of 2025 Petitioner :- Usha Devi And Another Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt.Of Home And 11 Others Counsel for Petitioner :- Alok Kr. Misra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J.
1. Heard.
2. Petitioners claim that an order has been passed by Sub- Divisional Magistrate in a suit for partition under Section 116 of the U.P. Revenue Code, 2006 restraining the parties from raising any construction but inspite of it construction is being raised by private opposite parties and on being apprised, the S.D.M. has ordered that his earlier order be complied bu the local police is not complying the same. At this stage, petitioners' counsel says that in fact the earlier injunction has been clarified by the S.D.M. on 15.05.2025 which is unjust and illegal.
3. If it is so then the remedy is to challenge the said order. However, if implementation of the said order is being sought then the S.D.M. is competent to ensure implementation of his
order if it has been passed on judicial side, that is, in a suit for partition. It is also open for the petitioner to move a formal application seeking interim relief/ further direction which shall be considered on the judicial side. If any such application is filed, prompt action shall be taken for its disposal.
4. Accordingly, the petition is disposed of. (Manish Kumar,J.) (Rajan Roy,J.)
Order Date :- 17.7.2025 Shanu/- Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench