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2025 DAILYLAW 151556 (ALL)

MANSHARAM v. STATE OF U.P. THRU. DISTT. MAGISTRATE AMBEDKAR NAGAR AND 4 OTHERS

WRIC/6691/2025 · 2025-07-24

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42470-DB Court No. - 2 Case :- WRIT - C No. - 6691 of 2025 Petitioner :- Mansharam Respondent :- State Of U.P. Thru. Distt. Magistrate Ambedkar Nagar And 4 Others Counsel for Petitioner :- Sudhir Singh 'Raghuvanshi' Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard. The order impugned summoning and quashing of which has been sought dated 25.03.2025 has been placed before us, after providing a copy of the same to the petitioner's counsel. The same is taken on record. The said order has been passed in pursuance to an order dated 19.02.2025 passed in Writ C No. 558 of 2025. Suit of the petitioner is pending before the civil court. In the impugned order, it has been stated that the khadanza has not been constructed on the suit property. There is no temporary injunction in the suit. The order says that the exercise was conducted in the presence of the petitioner after providing opportunity of hearing, though, the petitioner's counsel denies the said fact. We cannot enter into this controversy any further. If the petitioner has any cause, a suit is already pending, he can seek appropriate relief in the said suit, if it is otherwise maintainable at his behest, uninfluenced by the order passed by the C.D.O. on 25.03.2025 as that was only in pursuance to the order passed by the Writ Court. Writ petition stands disposed of accordingly. [Manish Kumar, J.] [Rajan Roy,J] Order Date :- 24.7.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench