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2025 DAILYLAW 180989 (ALL)

TAHIR ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND OTHERS

CRLP/2090/2024 · 2025-10-31

Rajnish Kumar, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 2090 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Heard Sri Anil Kumar Tiwari, learned counsel for the petitioner and learned AGA for the State. 2. This Court passed the following order on 28.3.2024: "Heard. This petition has been filed seeking following reliefs: "I. To issue a writ, order or direction of or in the nature of mandamus commanding the opposite parties no. 1 to 10 to protect life, liberty and property of the petitioners and members of family. II. To issue a writ, order or direction of or in the nature of mandamus commanding the opposite parties no. 1 to 7 to direct the opposite party nos. 8 to 10 to restrain the opposite party no 11 to 13 from interference in peaceful living of the petitioners in their property and also not to facilitate grabbing of same by opposite party no 14 and 15 with the help of opposite party no 11 to 13. III. To issue a writ, order or direction of or in the nature of mandamus commanding the opposite party no. 1 to 3 to conduct a high-level enquiry against the opposite party no. 11 to 13, who are involved in facilitating the opposite party no 14 and 15 to illegal grabbing of the properties in the present case " Learned AGA says that some civil proceedings are pending in respect of a property regarding which there is dispute between the petitioner and private opposite parties. They were advised to get relief from the Civil Court and proceedings were taken under Section 107/116 Cr.P.C. However, learned counsel for the petitioner says that the action has been taken after filing of this petition. Petitioner is being pressurized to withdraw this petition. Let a counter affidavit be filed by the opposite party no. 10, positively, within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. Versus Counsel for Petitioner(s) : Anil Kumar Tiwari Counsel for Respondent(s) : G.A. Tahir Ali .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others .....Respondent(s) List after six weeks. If there is any cause in the interregnum, it is open for the petitioner to move application in these proceedings." 3. Learned AGA on the basis of Paragrah-6 and 7 of the counter affidavit, to which no rejoinder affidavit has been filed till date, submits that in regard to the property in dispute Civil Suit No. 665 of 2016 and Civil Suit No. 1005 of 2017 are pending in the court of Civil Judge, Junior Division, Faizabad. Both the parties have been directed to maintain status quo and seek relief before the Hon'ble Court and there is peace on the spot, therefore, this petition has lost its efficacy. 4. Learned counsel for the petitioner does not dispute that the petition may be disposed of in terms of the statement made by learned AGA. 5. Disposed of accordingly. October 31, 2025 Fahim/- CRLP No. 2090 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench