SHEELA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF REVENUE LKO AND 5 OTHERS
WRIC/8304/2025 · 2025-09-01
Brij Raj Singh, Sangeeta Chandra
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 160037 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160037 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8304 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 4. 2. This petition has been filed by the petitioner for the following prayers:-
"i) to issue a writ, order or direction in the nature of mandamus commanding to the opposite parties to restore the peaceful possession of the petitioner on Land situated in Gata No.724 Mi. Area 200 sq. meter, and Gata No. 724 Area 240 Sq. Meter, Village- Govindapur, Paragana Kondari Uttari, Tehsil Biswan, District Sitapur and also protect life, liberty and property of the petitioner. ii) to issue a writ, order or direction in the nature of mandamus commanding to the opposite parties to setup high level inquiry and taking action against the opposite party no. 4, for not strictly complied of the circular/notification issued by The Director General of Police, U.P. Lucknow on dated 11.03.2023 and also interim order dated 24.07.2025 passed by Civil Judge (S.D.) Sitapur. iii) to issue any other order direction deemed fit in the facts and circumstances of the case. Versus Counsel for Petitioner(s) : Shiv Sharan Singh Counsel for Respondent(s) : C.S.C. Sheela .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Lko And 5 Others .....Respondent(s)
iv) to award the costs of the instant writ petition."
3. It has been submitted by the learned counsel for the petitioner that the petitioner has filed an Original Suit No.413 of 2025 [Smt. Sheela Vs. Kamlesh and others] for Permanent Injunction alongwith an application for Temporary Injunction. The Civil Judge (Senior Division), Sitapur, has passed an order giving ad-interim injunction to the petitioner and prohibiting the defendants from disturbing the peaceful possession of the petitioner over the property in question or in any manner cutting down her trees etc. Such ad-interim injunction granted on 24.07.2025 is still operating but the private-Respondent nos.5 and 6, in collusion of the police, have interfered in the property of the petitioner. The police have also initiated proceedings under Section 126/135 of the B.N.S.S. against the petitioner. Hence, this petition has been filed by the petitioner with the aforesaid prayers. 4.
This writ petition is disposed of with liberty to the petitioner to approach the Court of Civil Judge (Senior Division), Sitapur, by moving an appropriate application Under Order 39 Rule 2A and under Section 151 of the CPC, in case, the ad-interim injunction is not being complied with by the private-respondents. With regard to proceedings initiated against the petitioner under Section 126/135 of the B.N.S.S., the petitioner should approach the Magistrate concerned. September 1, 2025 N.PAL WRIC No. 8304 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench