SHIV SAGAR AGRAHARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 9 OTHERS
WRIC/6125/2025 · 2025-07-01
Om Prakash Shukla, Rajan Roy
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 147652 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147652 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:36887-DB Court No. - 2 Case :- WRIT - C No. - 6125 of 2025 Petitioner :- Shiv Sagar Agrahari Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 9 Others Counsel for Petitioner :- Mahendra Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. Petitioner alleges violation of a temporary injunction dated 07.04.2025 granted by the Civil Judge (Junior Division), Raebareli by which the parties to the suit bearing O.S. No.828 of 2025 (Shiv Sagar Agrahari Vs. Smt. Sona Devi and Others) were directed to maintain status quo. His submission is that the District Administration is obliged to ensure maintenance of status quo if it is being violated by the defendants of the suit, who are private opposite parties herein, but instead of doing so, some of the officials as mentioned in para 23 and 24 are conniving with the private opposite parties and facilitating the violation of the said temporary injunction. There are two remedies available to the petitioner, one is to approach the Superintendent of Police, Raebareli raising his grievance against the police authorities alongwith a certified copy of this order, whereupon the opposite party No.3 shall be obliged to get a fact finding inquiry conducted, as to whether the temporary injunction is being violated as alleged with the support of the police officials, if so, to do the needful, secondly, to move appropriate application before the court where the suit proceedings are pending, whether under Order 39 Rule 2A CPC or Section 151 CPC, as the case may be and if such an application is moved before the court below, it shall take cognizance of the same and do the needful with promptness. With these observations, we dispose of this writ petition. It is made clear that we have not adjudicated the merits of the claim made by the petitioner and therefore have not issued notice to the private opposite parties. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 1.7.2025/Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench