RAMESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 8 OTHERS
WRIC/9029/2025 · 2025-09-15
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163574 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163574 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9029 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State Respondents.
2. This writ petition has been filed with the following main prayers:-
"i. A writ order or direction in the nature of Certiorari quashing the
order dated 20-08-2025 passed by the opposite party no3 as contained in Annexure No.2, ii. A writ order or direction in the nature of mandamus commanding the opposite parties 3 and 6 to prevent the private respondents for not to create any hindrance in construction of house by petitioner in any manner ."
3. We have gone through the order passed by the Sub-Divisional Magistrate impugned in this petition wherein mention has been made of Civil Suit No. 862 of 1991, 'Sumitra Devi Vs. Manohar Das' which is pending in the Court of Civil Judge (Junior Division) wherein an interim injunction has been granted in favour of plaintiffs restraining the defendants from interfering with peaceful possession over the plaintiffs half share in the land in dispute shown in the map submitted alongwith the report of the Commissioner and the respondents/defendants have been
directed not to make any construction in the same during the pendency of Versus Counsel for Petitioner(s) : Rajnish Kumar Singh, Shashank Vikram Shah Counsel for Respondent(s) : C.S.C. Ramesh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 8 Others .....Respondent(s)
the Suit.
4. The Sub-Divisional Magistrate has only noted the interim injunction granted on 30.10.2023 and observed that since the dispute is pending before the appropriate Civil Court the parties cannot be allowed to disturb the status quo and the interim injunction granted by the Civil Court should be respected by both parties.
5. We find no good ground to show interference in the impugned order of the Sub-Divisional Magistrate. In case the petitioner is aggrieved by any acts of the private respondents which violates such injunction order dated 30.10.2023 (sic 30.10.1993) passed by the First Additional District Judge, Sultanpur in Civil Appeal No. 102 of 1991, which had arisen from an
order passed by the Civil Judge (Junior Division) on injunction application of the plaintiff, Sumitra Devi, in Regular Suit No.862 of 1991.
6. Accordingly, the writ petition stands dismissed. September 15, 2025 Darpan Sharma WRIC No. 9029 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench