MOHD. UMAR v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO AND 13 OTHERS
WRIC/6147/2025 · 2025-07-02
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148176 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148176 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37093-DB Court No. - 2 Case :- WRIT - C No. - 6147 of 2025 Petitioner :- Mohd. Umar Respondent :- State Of U.P. Thru. Its Prin. Secy. Home Lko And 13 Others Counsel for Petitioner :- Ashok Kumar Yadava,Deepa Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. The petitioner has sought the following reliefs:-
"I. to issue a writ, order or direction in the nature of mandamus commanding the opposite parties, specially opposite party No.2 and 5 to prevent the private opposite parties from raising any construction over the petitioner's land i.e. Gata No.863 situated in the Village Dileepur, Tehsil Raniganj, District-Pratapgarh, in pursuance of the
judgment and decree dated 30.05.2025 granted by the learned court below. II. to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.2 to 7 to remove the illegal construction raised by the opposite party No.8 to 14 during operation of the interim injunction and final judgment and decreed dated 30.05.2025 passed by the learned court below. III. to issue any other writ, order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case. IV. Allow the writ petition with cost."
3. The basis of the writ petition is a judgment and decree dated 30.05.2025 passed in Civil Suit No.132 of 2020; Mohd. Umar vs. Mohd. Najeer and Others. If there is a decree in a suit for permanent injunction it can be got
executed under Order 21 Rule 32 C.P.C. We see no reason to entertain this petition. The petitioner may avail such other remedies as may be prescribed in law.
4. With the aforesaid observations, the writ petition is
disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.)
Order Date :- 2.7.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench