SHESHRAM YADAV v. STATE OF U.P. THRU. DISTRICT MAGISTRATE SHRAWASTI AND 5 OTHERS
WRIC/6995/2025 · 2025-07-30
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152967 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152967 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44209 Court No. - 7 Case :- WRIT - C No. - 6995 of 2025 Petitioner :- Sheshram Yadav Respondent :- State Of U.P. Thru. District Magistrate Shrawasti And 5 Others Counsel for Petitioner :- Ram Prasad Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner.
2. The present petition has been filed with the following prayer:
"(i) Issue a writ, order or direction in the nature of mandamus commanding the opp. Parties concerned to ensure the compliance of order dated 03.09.2021 passed by civil judge (senior division) Shrawasti in R.S. No. 178/2021 Sheshram Vs. Mahendra Pratap and others regarding the land of petitioner bearing land gata no. 4022 area 0.081 hectare situated in village Ikauna Dehat Pargana and Tehsil Ikauna District Shrawasti and also restrain the opp. party no. 4 to 6 and their associates to not make any construction on the land of petitioner and also take necessary action against them in the interest of justice. ii. Issue a writ order or direction in the nature of mandamus commanding the opp. Parties concerned to consider and decide the application dated 16.07.2025 of petitioner as contained in Annexure no. 4 to this writ petition in the interest of justice."
3. It is argued by learned counsel for the petitioner that despite, an injunction order dated 03.09.2021 continuing, the defendants are violating the said interim order.
4. In view thereof, an appropriate remedy for the petitioner was to move an application before the Court which has granted the injunction for encroachment of the directions. It is informed that the Court is lying vacant. In view thereof, the present petition is disposed of permitting the petitioner to move an application before the District Judge, Shrawasti, and in case, the Court in question is vacant, he shall transfer the proceedings to an appropriate Court, the petitioner would be entitled to move an application for enforcement of the directions in the injunction order, which shall be disposed of by the Court concerned within a period of one week. Order Date :- 30.7.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench