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2025 DAILYLAW 149254 (ALL)

RAKESH KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 8 OTHERS

NA529/35/2025 · 2025-07-10

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39316 Court No. - 15 Case :- APPLICATION U/S 529 BNSS No. - 35 of 2025 Applicant :- Rakesh Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 8 Others Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rajesh Kumar Pandey, the learned counsel for the applicant and Sri Avishesh Kumar Singh, the learned A.G.A. appearing on behalf of the State. 2. By means of the instant application filed under Section 483 Cr.P.C. the applicant has sought issuance of a direction for expeditious disposal of his Applicaiton No.40/GGJ, under Section 152 BNSS, pending before the Court of Sub District Magistrate, Sadar, Ayodhya. 3. The aforesaid application has been filed by the applicant for removal of obstruction from the passage of his house made by the private respondents/opposite parties. 4. The applicant has also filed Regular Suit No. 47 of 2025 claiming a permanent injunction against the private opposite parties in the Court of Civil Judge (Junior Division), Sadar, District Ayodhya. 5. When a civil suit filed by the applicant for the relief of perpetual injunction is pending, it would not be proper for the Sub District Magistrate to entertain the same request under Section 152 BNSS. 6. In these circumstances, there is no occasion for this Court to issue a direction for expeditious disposal of the application under Section 152 BNSS. 7. Accordingly, the instant application is hereby dismissed, leaving in open for the applicant to file a suitable application for expeditious disposal of his application for temporary injunction by the Civil Judge (Junior Division), Sadar, District Ayodhya. (Subhash Vidyarthi,J.) Order Date :- 10.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench