MAHENDRA SINGH YADAV v. STATE OF U.P. AND 3 OTHERS
WRIC/29367/2025 · 2025-10-08
Original Suitbody2025
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[ 2025 DAILYLAW 191617 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 191617 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29367 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Sri Ramanuj Yadav, learned counsel for the petitioner, Sri Vipin Kumar Singh, Advocate holding brief of Sri Santosh Kumar Singh Paliwal, learned counsel who is appearing on behalf of applicants seeking impleadment in the matter and Sri Pradeep Kumar Shahi, learned Additional Chief Standing Counsel for the State. 2. By means of this petition filed under Article 226 of the Constitution petitioner seeks a writ of mandamus to command respondent no. 2 and 3 to ensure installation of new alignment and balancing machine in the MRF showroom of the petitioner, which is being run on the premises in question. 3. Per contra, it is argued by Sri Vipin Kumar Singh, learned Advocate appearing on behalf of persons seeking impeadment in the matter that the property belongs to the persons seeking impleadment and petitioner himself has instituted a suit for injunction being Original Suit No. 425 of
2024. It is contended that there is a serious dispute regarding claim of the petitioner to run a showroom of MRF tyre without the permission of landlord. In the circumstances therefore, once the civil suit has been instituted by the petitioner himself, he should first seek appropriate injunction against the original landlord prior to getting any sanction for installment of alignment and balancing machine. 4. Learned Additional Chief Standing Counsel also submits that any direction can be issued to the State machinery or the police authorities Versus Counsel for Petitioner(s) : Rachana Yadav, Ramanuj Yadav Counsel for Respondent(s) : C.S.C., Santosh Kr. Singh Paliwal Mahendra Singh Yadav .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
only in the event petitioner is able to get an injunction order in the pending suit. 5. In the given facts and circumstances, when the petitioner himself has instituted a civil suit claiming permanent prohibitory injunction against the landlord, we decline to grant indulgence in the matter at this stage.
However, it is left open for the petitioner to pursue the remedy of temporary injunction in the pending suit and in the event, he obtains the temporary injunction in the suit against the original landlord, then ofcourse, he can pursue the remedy before the District Administration or the police authorities to ensure that the alignment and balancing machine is installed in his MRF showroom. 6. Subject to aforesaid observation, this petition is consigned to records. October 9, 2025 Kirti WRIC No. 29367 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad