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2025 DAILYLAW 157544 (ALL)

MOHAMMAD IBAD ULLAH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 13 OTHERS

WRIC/7915/2025 · 2025-08-21

Brij Raj Singh, Sangeeta Chandra

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49046-DB Court No. - 2 Case :- WRIT - C No. - 7915 of 2025 Petitioner :- Mohammad Ibad Ullah Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 13 Others Counsel for Petitioner :- Anamika Singh Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayer:- "Issue a Writ, order or direction in the nature of Mandamus directing the Respondent authorities through the Respondent No.4 i.e. SHO, Raniganj, District Pratapgarh to restrain the private Respondent No.6 to 14 from raising construction of wall and gate on land bearing Gata No.114 mi. situated at Village Jagdishpur, Pargana Patti, Tehsil Raniganj, District Pratapgarh, pursuant to the order dated 02/05/2025 passed in civil suit bearing Original Suit No.176/2025, 'Aman Ulla & Ors Vs. Mohd. Ayub & Ors' by Learned Civil Judge (J.D.), Sadar, Pratapgarh, in the interest of justice." 3. It has been submitted by learned counsel for the petitioner that in pursuance of an ad-interim injunction dated 02.05.2025 for maintenance of status quo issued by the learned Civil Judge (Junior Division) Sadar, Pratapgarh, in Original Suit No.176 of 2025 : Aman Ulla & others Vs. Mohd. Ayub and others, which ad-interim injunction is still in existence, the Police ought to have ensured the maintenance of status quo between the parties which was not done. The private respondents/ defendants of the said Suit were interfering in the peaceful possession of the petitioner at the instigation/ collusion with the Police Officers of the Police Station Raniganj, Pratapgarh. The petitioner filed an application before the learned Civil Judge (Junior Division) Sadar, Pratapgarh, under Section 151 C.P.C. for issuance of necessary directions to the Police Station concerned. The said application was taken up by the learned Civil Judge (Junior Division), Sadar, Pratapgarh, on 11.07.2025 and the ad-interim injunction granted on 02.05.2025 was reiterated and a direction was issued to the Station House Officer Raniganj to ensure compliance of the order of status quo dated 02.05.2025. The matter was directed to be listed on 21.08.2025 for further orders. However, as soon as such order was passed on 11.07.2025, an F.I.R. was lodged by the private respondents against the petitioner on 12.07.2025 alleging that the petitioners themselves have demolished the wall in question situated on Gata No.114 Min. area 0.070 hectare. 4. Learned Standing Counsel has placed before this court instructions sent by the Sub Inspector, Rakesh Chaurasia of Police Station Raniganj, Pratapgarh, wherein it has been stated that there is a dispute relating to Gata No.114 between the parties in which a boundary wall was in existence since before the initiation of the said Civil Suit. However, after the order was passed for maintenance of status quo on 02.05.2025 by the learned Civil Judge (Junior Division), the petitioner appears to have demolished the wall for which an F.I.R. has been lodged against the petitioner by the private respondents. Also, an information was received by the Police Station regarding threat of breach of peace and proceedings have been initiated under Section 126/135 of the B.N.S.S. vide G.D. Report No.57 time 22:33 hours on 28.07.2025. 5. Instructions are kept on record. 6. This petition is disposed of with liberty to the petitioner to approach the Magistrate concerned. Order Date :- 21.8.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench