RAM BHAJAN PAL AND ANOTHER v. DISTRICT MAGISTRATE/COLLECTOR,SULTANPUR AND 4 OTHERS
WRIC/7904/2025 · 2025-08-18
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158031 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158031 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48221-DB Court No. - 2 Case :- WRIT - C No. - 7904 of 2025 Petitioner :- Ram Bhajan Pal And Another Respondent :- District Magistrate/Collector,Sultanpur And 4 Others Counsel for Petitioner :- Virendra Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra, J. Hon'ble Brij Raj Singh, J.
1. Heard learned counsel for the petitioners and the learned Standing Counsel, who appears on behalf of opposite parties no.1 to 4. 2. In view of the order proposed to be passed, issuance of notice to opposite party no.5 is dispensed with. 3. This writ petition has been filed with the following main prayers:-
"a. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.1 and 3 to restrain the opp. party no.4 for interference in peaceful possession of the petitioner over the Gata No.835, 833, 836-and-839, relating to Village-Behrabhari, Pargana- Aldemau, Tehsil-Kadipur, District-Sultanpur, in the interest of justice. V b. issuing a writ, order or direction in the nature of Mandamus commanding the opp. party no.3 to consider and decide the representation dated 22.05.2025 with a speaking and reasoned order, as contained in Annexure No.6 to this writ petition.”
4. It is not disputed by the petitioner that a Regular Suit No.336 of 2022, Rajmani Vs. Ram Bhajan and another, is pending in the court of Civil Judge (Junior Division), Kadipur, District Sultanpur, wherein initially an ex-pate ad-interim order was granted in favour of Rajmani. The petitioner filed objection to the application for temporary injunction and such objection was allowed on 21.04.2025. 5. It is the case of the petitioner that despite there being no interim injunction in favour of Rajmani (opposite party no.5),
he has colluded with police personnel and they are interfering in the construction of the petitioner for his boundary wall. 6. We have gone through the representation dated 22.05.2025 made by the petitioner to the Superintendent of Police, Sultanpur. 7. This writ petition is disposed of with a direction to the petitioner to approach the Civil Judge (Junior Division), Kadipur, District Sultanpur apprising it of the action, if any, of opposite party no.5 by which he is aggrieved by moving an appropriate application under Section 151 of Code of Civil Procedure. .
(Brij Raj Singh, J.) (Sangeeta Chandra, J.) Order Date :- 18.8.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench