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2025 DAILYLAW 152802 (ALL)

NASIR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

WRIC/6854/2025 · 2025-07-17

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40861-DB Court No. - 2 Case :- WRIT - C No. - 6854 of 2025 Petitioner :- Nasir Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Vinay Kumar Tiwari Counsel for Respondent :- C.S.C.,Anil Kumar Tripathi Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard Shri Vinay Kumar Tiwari, learned counsel for the petitioners, learned Standing Counsel and Shri Anil Kumar Tripathi, learned counsel for the private opposite parties. Learned counsel for the petitioners submits that petitioners have already filed a suit bearing no. 332 of 2023 seeking permanent injunction against the State of U.P. and its officials at Nagar Palika Parishad, Gonda. The said suit is pending before the Civil Judge (Junior Division), Gonda. No temporary injunction has been granted as yet. The order sheet has not been annexed which would reveal as to whether the said application is pending or has been disposed of. Nevertheless, the remedy, if there is a cause, is in the said suit, which is already pending and not under Article 226 of the Constitution of India. Petitioner is at liberty to move an appropriate application in the pending suit if there is a cause seeking interim injunction unless the same has already been considered, if it is not so, then, the application shall be considered and disposed of at the earliest and ad-interim injunction would also be considered. Writ petition stands disposed of. [Manish Kumar, J.] [Rajan Roy,J] Order Date :- 17.7.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench