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2025 DAILYLAW 193031 (ALL)

RAJBAHADUR BHARTIYA v. STATE OF U.P. AND 10 OTHERS

WRIC/34802/2025 · 2025-10-06

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34802 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Ashok Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. By means of this writ petition filed under Article 226 of the Constitution, petitioner has prayed for a writ in the nature of mandamus to command respondent nos. 1 to 3 to ensure compliance of the order of injunction passed by the trial court dated 05.02.2025 in O.S. No. 141 of 2025. 3. It is contended on behalf of the petitioner that after the injunction order had been violated, petitioner moved an application under Order 39 Rule 2A of the Code of Civil Procedure (CPC) and the court passed order on 05.06.2025 thereupon and yet no action has been taken by the police to ensure compliance of the order of injunction. 4. In given facts and circumstances, once order has been passed by the court concerned exercising its power under Order 39 Rule 2A of the Code of Civil Procedure (CPC), we consider it appropriate for the petitioner to pursue the same remedy to get the order of injunction duly enforced. Hence, we decline to grant indulgence at this stage. However, we observe that if petitioner has already moved an application under Order 39 Rule 2A of the Code of Civil Procedure (CPC) and the court has passed order on 05.06.2025 to ensure compliance of the injunction order, the court will look into every aspect of the matter of violation of injunction order to ensure that the order of injunction is duly complied with. Versus Counsel for Petitioner(s) : Ashok Kumar Singh Counsel for Respondent(s) : C.S.C. Rajbahadur Bhartiya .....Petitioner(s) State Of U.P. And 10 Others .....Respondent(s) 5. Petitioner is permitted to place copy of this order before the court concerned and the event he moves an application along with certified copy of this order, the court will do the needful by putting police to task. 6. This petition stands disposed of accordingly. October 7, 2025 #Vikram/- WRIC No. 34802 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad