ASHA DEVI v. DISTRICT MAGISTRATE,BARABANKI AND 10 OTHERS
WRIC/9369/2025 · 2025-09-25
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166571 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166571 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9369 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 5. Shri Manjeet Singh, Advocate, who has filed his Power on behalf of the Opposite party nos.9, 10 and 11 which is taken on record. 2. This petition has been filed by the petitioner for the following prayers:-
"a. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.1 to 5 to ensure compliance of the stay order dated 31.05.2023, passed by Gram Nyayalay, Sirauligauspur, Barabanki in Case No.23/2023, Asha Devi V/s Gauri Shankar @ Shamsher and others and restrain the opp. party no.6 to 11 for construction over the land of the petitioner, as contained in Annexure No.1 to this writ petition, in the interest of justice. b. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.1 to 5 to take necessary action against the opp. party no.6 to 11, not to dispossess the petitioner from the land in question, during the pendency of the Regular Suit No.23/2023, Asha Devi V/s Gauri Shankar @ Shamsher and others, pending in the court of Gram Nyayalay, Sirauligauspur, District- Versus Counsel for Petitioner(s) : Virendra Kumar Shukla, Shyam Pratap Singh Counsel for Respondent(s) : C.S.C. Asha Devi .....Petitioner(s) District Magistrate,Barabanki And 10 Others .....Respondent(s)
Barabanki, in the interest of justice. c. Any other order or direction which this Hon'ble court may deem, fit, just and proper may also kindly be passed in favour of the Petitioner. d. Allow the writ petition with cost in favour of the Petitioner."
3. It is the case of the petitioner that the Opposite party nos.6 and 7 Gauri Shankar @ Shamsher and Purshottam respectively wanted to raise construction over the Sehan land of the petitioner. The petitioner filed a Regular Suit No.23 of 2023 [Asha Devi Vs. Gauri Shankar @ Shamsher and others] before the Gram Nyayalaya on 29.03.2023 for Permanent Injunction after affording opportunity of hearing to the defendants and interim injunction was granted on
31.05.2023. The Opposite party nos.6 to 11 are not complying with the order passed by the Civil Court i.e. Gram Nyayalaya, Sirauli Gauspur, District Barabanki.
Hence, this petition has been filed with the aforesaid prayers. 4. The counsel for the Respondents has pointed out that the petitioner has stated that the interim order dated 31.05.2023 granted by the Civil Court is still operational and the remedy lies before the Civil Court itself by filing an application under Order 39 Rule 2A. 5. The writ petition is disposed of with liberty to the petitioner to approach the Court concerned wherein her Suit is pending. September 25, 2025 N.PAL WRIC No. 9369 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench