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2025 DAILYLAW 40213 (ALL)

DINESH KUMAR MISHRA v. UNION OF INDIA AND 3 OTHERS

WRIC/10842/2025 · 2025-07-21

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:119671-DB Court No. - 21 Case :- WRIT - C No. - 10842 of 2025 Petitioner :- Dinesh Kumar Mishra Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Jai Prakash Prasad,Vaishali Sahu Counsel for Respondent :- A.S.G.I.,Vivek Kumar Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The petitioner has questioned a notice dated 25.03.2025 issued by respondent No.4 in continuation of the previous notice, whereby it was clarified that in the previous notice, by mistake, the number of civil suit pending between the parties, got wrongly mentioned. The amended notice states that license was granted in favour of late Bhola Nath Mishra in his personal capacity and not to any firm. He has died on 10.06.2021. His firm was unregistered firm and is also not functional. The petitioner should vacate the premises as in the civil suit instituted by him, there is no interim order in favour of the petitioner. 2. Sri J. P. Prasad, learned counsel appearing for the petitioner does not dispute that Original Suit No.179 of 2008 was instituted by the Firm (M/s Mishra Brothers) through proprietor, Bhola Nath Mishra, the original licensee. The original licensee has died and petitioner is claiming right and interest in the subject land on the basis of the license granted in favour of the said firm. He admits that the application for temporary injunction is still pending and reserves liberty in favour of the petitioner to press the injunction application. 3. Accordingly, as prayed, the petition is disposed of as withdrawn with liberty to the petitioner to press the application for temporary injunction, if still pending. 4. Sri Vivek Kumar Singh, learned Senior panel counsel appearing for the respondent Nos.3 and 4 states that the petitioner has impleaded the wrong respondents and dispute with regard to land in question, falls under the jurisdiction of the North Central Railway. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 22.7.2025/Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad