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2025 DAILYLAW 177178 (ALL)

MUKESH KUMAR SINGH v. DISTT. MAGISTRATE BAHRAICH AND 5 OTHERS

/11495/2025 · 2025-12-02

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11495 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has made the following main prayers:- "[I] Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties specially opposite party No. 3 to comply the order dated 15.10.2025 passed by the opposite party No. 2, as contained in Annexure No. 1 to this writ petition, in the interest of justice. [II] Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing to the opposite party No. 2 & 3 to demolish the illegal construction of private respondents over the land in dispute, in the interest of justice." 3. It is clear that an order was passed by the City Magistrate, being the respondent No.2 herein, on October 15, 2025, directing the authorities to desist from the construction activities. 4. Learned counsel appearing on behalf of the petitioner submits that in spite of the said order, the construction is continuing and the police authorities are, in fact, assisting the private respondents in carrying out the said construction. 5. Learned counsel appearing on behalf of the respondents submits that the matter before the City Magistrate is once again scheduled to be heard on December 8, 2025. Versus Counsel for Petitioner(s) : Ajey Singh Counsel for Respondent(s) : C.S.C. Mukesh Kumar Singh .....Petitioner(s) Distt. Magistrate Bahraich And 5 Others .....Respondent(s) 6. In our view, once an interim order has been passed by the authority concerned, the police authorities should ensure compliance of the said order and not act in a manner that would breach the order passed by the court. 7. In light of the same, we direct that no construction activity shall take place until further directions are issued by the City Magistrate. 8. The police authorities are directed to ensure mandatory compliance of the order passed by this Court. 9. With the above direction, the writ petition is disposed of. December 2, 2025 cks/- WRIC No. 11495 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench