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2025 DAILYLAW 3564 (ALL)

UMESH KUMAR v. STATE OF U.P. AND 6 OTHERS

WRIC/30/2025 · 2025-02-10

Arun Kumar Singh Deshwal, Ashwani Kumar Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19333-DB Court No. - 29 Case :- WRIT - C No. - 30 of 2025 Petitioner :- Umesh Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ajay Kumar Gautam,Shreya Gupta Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Shri Shashi Nandan, learned Senior Counsel, assisted by Ms. Shreya Gupta for the petitioner, Shri Vibhu Rai, learned counsel for the respondent no.5 and learned counsel for the Railways. 3. This petition has been filed with the prayer to direct private respondents to ensure strict compliance of the order of status-quo dated 23.12.2022, passed by this Court in Petition filed under Article 227 No.10908 of 2022 as well as to grant further ancillary reliefs pursuant thereto. Order dated 23.12.2022 passed in the aforesaid petition under Article 227 is reproduced hereinafter:- "Heard Sri T.P. Singh,learned Senior Advocate assisted by Sri Narendra Singh and Sri Ajay Kumar Gautam and Sri Vibhu Rai learned counsel for the contesting respondents. After arguing at some length, learned counsel for the parties submit that grievance of the parties would be sufficiently met in case the suit itself is decided in a time bound manner and the parties are directed to maintain status quo. The request of the parties appears to be genuine. Therefore, the Trial Court is directed to proceed and decide the aforesaid suit itself on day-to-day basis, after hearing the parties, without granting any unnecessary adjournment within a period of four months from today. Both the parties shall fully cooperate for expeditious disposal of the case. In case any adjournment application is filed, it shall be open for the Court concerned to impose appropriate cost. Till disposal of the suit, the parties shall maintain status quo including the rights over the property in dispute. With the aforesaid, the petition stands disposed off." 4. An objection is taken to the maintainability of the writ petition on various grounds. It is pointed out by Shri Vibhu Rai, appearing for the respondent no.5 that the suit instituted by the petitioner has already been dismissed in default. 5. The order passed by this Court was in aid of expeditious disposal of the suit. Once the suit itself has been dismissed in default, we do not find any occasion to consider the prayer made in the present writ petition. We are otherwise doubtful of the maintainability of the writ for the reliefs sought in this petition. 6. Dismissed, accordingly. Order Date :- 10.2.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad