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2025 DAILYLAW 170887 (ALL)

MOHAMMAD KHALID AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. AND 5 OTHERS

/11396/2024 · 2025-01-07

Brij Raj Singh, Rajan Roy

Contempt Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1194-DB Court No. - 2 Case :- WRIT - C No. - 11396 of 2024 Petitioner :- Mohammad Khalid And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. And 5 Others Counsel for Petitioner :- Deepak Kumar,Nutan Thakur Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. 1. Heard Shri Deepak Kumar, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State. 2. The petitioners claim to have an interim injunction in their favour in a suit for partition which has been violated. 3. We are surprised that a writ petition has been filed in such a matter. The revenue court itself is competent to enforce its orders and if any contempt has been committed the remedy lies by way of contempt petition under Section 10 of the Contempt of Courts Act, 1971. If any criminal act is involved, then, the remedy would be under the criminal law. In any of the aforesaid eventualities this writ petition would not lie. 4. Accordingly, the writ petition is dismissed as not maintainable. . (Brij Raj Singh,J.) (Rajan Roy,J.) Order Date :- 7.1.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench