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2025 DAILYLAW 180576 (ALL)

RAJIV KUMAR v. DISTRICT MAGISTRATE, PRATAPGARH AND 4 OTHERS .

WRIC/10870/2025 · 2025-11-13

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10870 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Sri Vijay Kumar, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 and 2. 2. Instant writ petition under Article 226 of the Constitution of India, has been preferred feeling aggrieved with the non-compliance of the injunction granted by the Trial Court on 14.08.2025 in a pending Case No. 6985 of 2025 (Computerized Case No. T 202502570206985) – Rajiv Kumar Vs. Aditya Kumar and Others, under Section 226 of the U.P. Revenue Code, 2006. Submission of the petitioner's counsel is that the injunction order granted by the Trial Court, has not been complied with and the local police is also not extending any help. In case the argument of the petitioner's counsel is correct, then appropriate remedy is to approach the Trial Court itself. The Trial Court has got ample power to issue directions to the district authorities to implement the injunction order granted by it. 3. In a case, reported in [2010 (28) LCD 636] : Mohd. Hamza Vs. Additional Civil Judge (Senior Division), Lucknow, and others, this Court has held that in the event of non-compliance of injunction order granted by the Trial Court, the litigant has got remedy to move appropriate application under Order XXXIX Rule 2A of CPC as well as appropriate application may be moved under Section 151 of CPC. The Trial Court has got ample power to proceed under the contempt jurisdiction and also to pass appropriate order to district authorities to implement the injunction granted by it. It is open for the petitioner to approach the Trial Court in the light of the aforesaid judgment of this Court. In case the application is moved, the Trial Court shall consider the same in the light of the aforesaid judgment of this Court and may pass appropriate order in accordance with law expeditiously. 4. Subject to above, the writ petition is finally disposed of. November 13, 2025 A. Verma Versus Counsel for Petitioner(s) : Vijay Kumar, Meenu Verma, Vivek Kumar Counsel for Respondent(s) : C.S.C. (Alok Mathur,J.) Rajiv Kumar .....Petitioner(s) District Magistrate, Pratapgarh And 4 Others . .....Respondent(s) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench