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2025 DAILYLAW 146415 (ALL)

RAJESH KUMAR MAURYA v. STATE OF U.P. THRU. SECY. REVENUE LKO. AND 8 OTHERS

WRIC/5918/2025 · 2025-06-23

Alok Mathur, Arun Kumar Singh Deshwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36137-DB Court No. - 2 Case :- WRIT - C No. - 5918 of 2025 Petitioner :- Rajesh Kumar Maurya Respondent :- State Of U.P. Thru. Secy. Revenue Lko. And 8 Others Counsel for Petitioner :- Sandeep Kumar Yadav,Ram Sajiwan Yadav Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. Heard learned counsel for the parties and perused the record. In light of the order proposed to be passed issuance of notice to private respondents is dispensed with. It has been submitted by the learned counsel for the petitioner that there is an interim order operating in favour of the petitioner passed by the Civil Judge (Senior Division), Lucknow in Original Suit No.64/2025 and the prayer made in the present petition is for a direction to the State respondents to comply with the interim order. It is noticed that the suit for injunction has been filed by the petitioner against the private respondents no.6 to 9 and it seems that the injunction has not been complied with for which he has moved an application before the State authorities. Considering the aforesaid, this Court is of the considered view that the prayer made in the present petition is not maintainable inasmuch as the efficacious remedy is available to the petitioner under Order 39 Rule 2 of the CPC and in a view of the matter no power is vested with the district authorities to execute the order of the trial court in the absence of any specific direction in this regard. Accordingly, this Court would not direct the state authorities to comply with the order of the learned trial court. In case the same is violated the petitioner has efficacious remedy to move an application under Order 39 Rule 2 of CPC. Petition being devoid of merits is hereby dismissed. Order Date :- 23.6.2025 mks (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench