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2025 DAILYLAW 148583 (ALL)

M/S HAMARA PUMP OM SAI FUELS THRU. PROPRIETOR ASHOK KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 6 OTHERS

WRIC/6206/2025 · 2025-07-02

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37127-DB Court No. - 2 Case :- WRIT - C No. - 6206 of 2025 Petitioner :- M/S Hamara Pump Om Sai Fuels Thru. Proprietor Ashok Kumar And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 6 Others Counsel for Petitioner :- Sandeep Kumar,Anil Kumar Mishra,Arti Singh Counsel for Respondent :- C.S.C.,Shikhar Anand Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. There appears to be a private dispute between the petitioner and opp. party No. 7. Opp. party No. 7 is owner of the land and the lessor, who had executed a lease-deed in favour of the petitioner for running a Petrol Pump. A civil suit is pending for cancellation of lease/rent-deed having been filed by the opp. party No. 7. On account of apprehension of breach of peace and for maintenance of law and order the opp. party No. 5 has initiated proceedings against both the parties under Sections 126/135, B.N.S.S. 2023. Apart from it, both the parties have lodged the F.I.R. and after investigation chargesheet has been filed against both of them. The petitioner alleges interference by opp. party No. 5. We dispose of this petition with the observation/direction that the opp. party No. 5 shall interfere in the matter only if there is a law and order problem, apprehension of breach of peace, apprehension of commission of any crime or it has actually been committed or there is order of any court to be complied or there are other valid grounds in any law/statue for their interference, and not otherwise, i.e., he shall not enter into civil dispute between the parties. The writ petition is accordingly disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 2.7.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench