MARUF KHAN v. STATE OF U.P. THRU. PRIN. SECY. THE DISTT. MAGISTRATE SULTANPUR AND 3 OTHERS
WRIC/8218/2025 · 2025-08-28
Brij Raj Singh, Sangeeta Chandra
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 160842 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160842 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8218 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 main prayers:-
"i. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the Opp. Parties specially the opp. party No.3&4 to remove the illegal encroachment of the encroacher from the land Gata Nos.1624& 1622 old gata NO. 1048& 1050 situated at Kasba Sultanpur, pargana Barosa, Tehsil Sadar, District Sultanpur with immediate effect and take appropriate and strict action against them, and also ensure the compliance of the order dated 22.10.2019 passed by the Civil Judge (S.D.) Court No.15 Sultanpur. ii. Any other order or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner iii. Allow the writ petition with cost in favour of the petitioner."
3. The counsel for the petitioner has stated that with respect to the disputed property, the petitioner has filed Original Suit No.1207 of Versus Counsel for Petitioner(s) : Onkar Nath Pandey, Devendra Kumar Counsel for Respondent(s) : C.S.C. Maruf Khan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. The Distt. Magistrate Sultanpur And 3 Others .....Respondent(s)
2019 for Permanent Injunction in which the Civil Judge (Senior Division), Court No.15, Sultanpur, has passed an order on 22.10.2019 directing the parties to maintain status-quo. The said interim injunction is still operative but the private-respondents are interfering in the peaceful possession of 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 learned Civil Judge (Senior Division), Court No.15, Sultanpur, where his Suit is pending by means of filing an application under Order 39 Rule 2A of the CPC.
August 28, 2025 N.PAL WRIC No. 8218 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench