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2025 DAILYLAW 16585 (ALL)

AJAY KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIC/3830/2025 · 2025-02-18

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23835 Court No. - 34 Case :- WRIT - C No. - 3830 of 2025 Petitioner :- Ajay Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Antima Rajbhar Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The writ petition has been filed for the following reliefs:- "(a) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to disturb peaceful possession of the petitioner over the land in question in view of the order dated 14.03.2024 in computer case no. D202114700003785 and Case no. 3785 of 2021 passed by learned Additional City Magistrate (First), Tahsil-Sadar, District-Varanasi, Circle- Varanasi. (b) Initiate Contempt proceeding against the Respondents for willful disobedience of the orders passed by learned Additional City Magistrate (First), Tahsil-Sadar, District-Varanasi, Circle- Varanasi. (c) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 to take appropriate legal action against the guilty officials of the revenue and police department for failing to abide by the rule of law and acting arbitrarily by abusing their powers vested in them as a public servant." 3. Learned counsel for the petitioner stated that against the order dated 14.03.2024, an appeal has been filed by the respondent. 4. It has been submitted by learned Standing Counsel that since the appeal has been filed, therefore, the order cannot be implemented unless the appeal is decided. 5. In view of the same, no relief can be granted to the petitioner at this stage. 6. Accordingly, the writ petition is dismissed at this stage with liberty to the petitioner to avail the remedy as available to him under law. Order Date :- 19.2.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad