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2025 DAILYLAW 16325 (ALL)

BADRIPRASAD AND 8 OTHERS v. STATE OF U.P. AND 4 OTHERS

A227/1404/2025 · 2025-02-13

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:20858 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1404 of 2025 Petitioner :- Badriprasad And 8 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nand Kishor Mishra Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayers:- "i) Issue an order or direction commanding and directing as well as restraining the respondent no.5 from installing/erecting the Cellular Tower in the residential area of village of the petitioners, namely Rajaward Ward No.9, Kasba-Kulpahad, District-Mahoba. ii) Issue a direction to the Trial Court i.e., Civil Judge (J.D.) Kulpahad, District-Mahoba to decide the interim application filed in original suit no.168 of 2024 (Idrish and Others Versus Mahendra Kumar and Another) as well as the said original suit pending in his Court within stipulated period as fixed by this Hon'ble Court." 2. The first prayer made in the writ petition cannot be granted. However, the prayer made for early deciding the temporary injunction application preferred by petitioner can be granted. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon court concerned to decide the interim application pending in Original Suit No. 168 of 2024 (Idrish and others vs. Mahendra Kumar and another), in accordance with law, after hearing all affected parties, preferably within a period two months from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 13.2.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad