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2025 DAILYLAW 147643 (ALL)

RAJMANI YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 4 OTHERS

WRIC/6080/2025 · 2025-06-26

Alok Mathur, Arun Kumar Singh Deshwal

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36634-DB Court No. - 2 Case :- WRIT - C No. - 6080 of 2025 Petitioner :- Rajmani Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home And 4 Others Counsel for Petitioner :- Avneesh Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the parties and perused the record. 2. By means of this petition, the petitioner has prayed for following directions:- "(i) Issue a writ, order or direction in the nature of Mandamus to decide the representation (Annexure 4) as well as commanding the opposite parties to stop the ongoing illegal construction on the stay-effected land in Gata Nos. 203, 206 and 209. (ii) Issue a writ order or direction in the nature of Mandamus commanding the opposite parties Initiate necessary legal proceedings against the persons responsible for the willful violation of the stay order passed by the Hon'ble Court, so as to uphold the dignity and authority of the Hon'ble Civil Court. (iii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties direct an immediate inquiry into the acts of collusion and dereliction of duty committed by the police and revenue officials." It has further been submitted that a civil appeal no.34/2025 is pending before the District Judge, Pratapgarh where on 30.5.2025 on an application preferred by the petitioner an interim injunction has been granted restraining the respondents from raising any construction on the disputed land. The order was passed in Appeal No.34/2025 on 30.5.2025. Learned counsel for the petitioner submits that despite the aforesaid order the respondents are continuing to raise construction and in this regard petitioner has given various representation to the State authorities who have not interfered in the matter nor assisted the petitioner in complying the order of the District Judge. This Court is of the considered view that in case if there is any violation of the order of interim injunction granted by the District Judge, petitioner has adequate statutory remedy under Order 39 Rule 2 A CPC and with regard to the private dispute between the petitioner and private respondents writ petition under Article 226 of the Constitution of India would not be maintainable, accordingly, this Court is of the considered view that the petitioner has an efficacious and alternative remedy to move appropriate application before the District Judge under Order 39, Rule 2A of the CPC within next two weeks. On receipt of the said application, the District Judge shall proceed to consider and decide the same expeditiously. With the aforesaid the writ petition is disposed of. Order Date :- 26.6.2025 mks (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench