HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9535 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Mohd. Ateeq Khan, learned counsel appearing for the opposite parties no. 4 & 5. 2. This writ petition has been filed with the following main prayers:- "(i) To issue a writ order or direction in the nature of mandamus commanding the opp. party no.2 & 3 to implement the judicial order dated 09.08.1999 passed by the court of Civil Judge Hawali (J.D), Lucknow in Regular Suit No.58/1978 title as Hira Devi Shiksha Samiti Itaunja, Lucknow Vs. Jagmohan Prasad & others contained as annexure no.5 to this writ petition. (ii) To issue a writ order or direction in the nature of mandamus commanding the opp. party no.2 & 3 to pass suitable order on the application submitted by the petitioner dated 30.08.2025 and take coercive action against the private opp. party no.6 to 13 further provide sufficient police aid for implement the judicial order dated 09.08.1999 passed by the court of Civil Judge Hawali (J.D), Lucknow in Regular Suit No.58/1978 title as Hira Devi Shiksha Samiti Itaunja, Lucknow Vs. Jagmohan Prasad & others contained as annexure no.11 to this writ petition." Versus Counsel for Petitioner(s) : Dharmendra Gupta, Vivek Kumar Rawat Counsel for Respondent(s) : C.S.C., Mohd. Ateeq Khan Hira Devi Siksha Samiti Thru. Authorized Representative,Shirish Gupta .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home And 2 Others .....Respondent(s) 3. It is the case of the petitioner that the society is imparting education from primary to intermediate level in Lucknow. It had purchased land of Gata No. 665 (New Gata No. 709) with construction from its erstwhile owner in 1977. When the opposite party no. 10 started obstruction in such construction of school building, a Suit for Permanent Injunction was filed by the petitioner, bearing Case No. 58 of 1978, 'Hira Devi Siksha Samiti Vs. Jagmohan Prasad & Others', which was decreed in favour of the petitioner on 09.08.1999. The opposite party no. 10 filed First Appeal, which was decided on 20.02.2008 and the order was passed by the Lower Court was affirmed. The opposite party no. 10 filed Second Appeal No. 89 of 2008, which was also dismissed by this Court on 19.08.2009. The opposite party no.10 filed a Review Application No. 91 of 2010, which was rejected on 15.03.2010. The opposite party no.10 then filed Special Leave Petitions No. 13488 of 2010 & 13489 of 2010 before the Hon'ble Supreme Court, which was dismissed on 06.09.2010. Despite such repeated dismissals, the respondent no.10 is not letting the petitioner raise construction. Hence this writ petition has been filed. 4. The appropriate remedy for the petitioner is to file an execution application before the Court concerned. 5. Accordingly, the writ petition stands disposed of. September 26, 2025 Darpan Sharma WRIC No. 9535 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench