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2025 DAILYLAW 155146 (ALL)

PRASHANT SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 7 OTHERS

WRIC/7493/2025 · 2025-08-11

Manish Kumar, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46731-DB Court No. - 2 Case :- WRIT - C No. - 7493 of 2025 Petitioner :- Prashant Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 7 Others Counsel for Petitioner :- Awadhesh Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Manish Kumar,J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1, 2, 3 and 4. 2. This petition has been filed by the petitioner for the following main prayers:- "i) Issue a writ, order or direction in the nature of Mandamus commanding/ directing the Opposite party nos.1 to 5 for not disturb the peaceful possession of the petitioner over Gata No.66 of area 1200 sq.ft. (111.524 sqm.) situated at Village- Kanchanpur Matiyari, Tehsil and District Lucknow, in compliance of order dated 29.05.2025 passed by the learned Additional Civil Judge (S.D.), Court No.41, Lucknow, in Original Suit No.1151/2025 (Prashant Singh Vs. Rajendra Singh and Others) filed by the petitioner. ii) Issue any other or direction which this Hon'ble Court may deem just and proper in the circumstances of the case." 3. It has been submitted by the learned counsel for the petitioner that the petitioner has filed a Regular Suit No.1151 of 2025 [Prashant Singh Vs. Rajendra Singh and others] praying for permanent injunction with an application also made for Temporary Injunction. The Additional Civil Judge (S.D.), Court No.41, Lucknow, has passed an order on 29.05.2025 saying that the Respondents shall not make any interference in the peaceful possession of the petitioner till the next date of listing. It has been submitted that in Paragraph-25 of the writ petition, the petitioner stated that interim order granted on 29.05.2025 has been extended till the next date of listing. Yet, the Opposite party no.5 Dilip Kumar, Sub-Inspector of P.S. Chinhat, District Lucknow, is interfering at the behest of the Respondent no.6. 4. This writ petition is disposed of with a direction to the petitioner to approach an appropriate Court by moving an application under Order 39 Rule 2A of the CPC read with Section 151. Order Date :- 11.8.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench