HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34421 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Mohd. Sadab Khan, learned counsel for the petitioner and Sri Pradeep Kumar Shahi, learned Additional Chief Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of mandamus to command the local police authorities not to interfere with the peaceful possession of the petitioner at the instance of the contesting respondents/defendants in the suit and to ensure strict compliance of the Circular Letter no. 10 of 2023 dated 11.3.2023 issued by the Director General of Police, Uttar Pradesh pursuant to an order of this Court dated 16.2.2023 in Writ C No. 1266 of 2023. 3. Per contra it is argued by learned Additional Chief Standing Counsel Mr. Shahi that since the petitioner has already instituted a suit and is enjoying temporary injunction order passed by the trial court which he claims to be still operating, any interference by the private parties with the help of police can always be checked by the court concerned in the event petitioner moves an application under Order 39 Rule 2A of the Code of Civil Procedure. 4. Upon a pointed query being made, learned counsel for the petitioner fairly admitted that he has yet not filed any miscellaneous application under Order 39 Rule 2A of the Code of Civil Procedure. In the circumstances, while the petitioner has an efficacious alternative remedy Versus Counsel for Petitioner(s) : Mohammad Sadab Khan Counsel for Respondent(s) : C.S.C. Rajneesh Mishra & Another .....Petitioner(s) State Of U.P. And 9 Other .....Respondent(s) available to move a miscellaneous application under Order 39 Rule 2A of the Code of Civil Procedure before the trial court concerned to get the order of temporary injunction complied with, we see no justification to interfere with the matter at this stage drawing a parallel proceedings. 5. 5. In the circumstances while we decline to grant indulgence in the matter at this stage, we still issue a direction to the effect that in the event, petitioner moves a miscellaneous application under Order 39 Rule 2A of the Code of Civil Procedure within four weeks from today, the trial court will looking into and consider the same and will ensure that temporary injunction order is strictly complied with. If necessary, it will also issue necessary direction to police authorities to honor the order of temporary injunction so as to maintain the majesty of the court and to ensure also that no untoward incident takes place only for the reason that defendants try to violate the temporary injunction order. The trial court will also consider the Circular issued by the Director General of Police, Uttar Pradesh in the light of the direction of this Court in Writ C No. 1266 of 2023. 6. With these observations and directions, petition stands disposed of. October 10, 2025 Kirti WRIC No. 34421 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad