MUSTKEEM AND 2 OTHERS v. STATE OF U.P. AND 8 OTHERS
WRIC/14287/2025 · 2025-10-07
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[ 2025 DAILYLAW 189313 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189313 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 14287 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Learned Standing Counsel has placed instructions before the Court that are taken on record.
2. From the instructions it transpires that there is some civil suit pending between parties. In the face of the fact that a civil suit has already been instituted seeking decree in the nature of common and prohibitory injunction, we do not find it to be appropriate to permit the petitioner to draw parallel proceedings before this Court under Article 226 of the Constitution. If the petitioner is aggrieved by the construction activity being carried out by the defendant in the suit, it is more appropriate for him to pursue remedy under Order 39 Rule 1 & 2 of Civil Procedure Code and in the event an temporary injunction application is rejected or denied petitioner has equally efficacious remedy to file appeal under Order 43 Rule 1(r) of the Code of Civil Procedure.
3. Subject to the aforesaid liberty this petition is consigned to records. October 8, 2025 Kirti Versus Counsel for Petitioner(s) : Surendra Pratap Singh Counsel for Respondent(s) : C.S.C. (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Mustkeem And 2 Others .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad