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2025 DAILYLAW 193545 (ALL)

TANMAN PRASAD AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

WRIC/33452/2025 · 2025-10-06

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33452 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Sudhanshu Pandey, learned counsel for the petitioners, learned Standing Counsel for the State and perused the record. 2. By means of this writ petition filed under Article 226 of the Constitution, petitioners seek a writ in the nature of mandamus to command respondent nos. 2 and 3 to take appropriate action against respondent nos. 4 to 6 and erring police officials as well as revenue authorities, who are unnecessarily interfere with the possession of the petitioners and also raising hindrance in the on going construction of shop, which had been demolished by private respondent nos. 4 to 6 in clear violation of the order of injunction, which is in the nature of status quo. 3. In our considered view, if the petitioners be aggrieved by any act or conduct of private respondents which has resulted in violation of the order of temporary injunction granted by the trial court and which has been admittedly affirmed by this Court, the proper remedy is available for the petitioners is to move a miscellaneous application under Order 39 Rule 2A of the Code of Civil Procedure (CPC) and petitioners may also implead concerned lekhpal and also the police official in a pending suit by moving an application under Order 39 Rule 2A of the Code of Civil Procedure (CPC). 4. We are also of the view that if petitioners move such a miscellaneous application, then the same shall be considered and disposed of in accordance with law after putting to notice the concerned lekhpal as well as the police officials. Versus Counsel for Petitioner(s) : Om Singh Rathaur, Sudhanshu Pandey Counsel for Respondent(s) : C.S.C. Tanman Prasad And Another .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 5. We are also of this view that the court will ensure that its injunction order passed by it is not be violated at the end of the public authorities. 6. This petition stands disposed of accordingly. October 7, 2025 #Vikram/- WRIC No. 33452 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad