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2025 DAILYLAW 40372 (ALL)

RAMSWAROOP v. STATE OF U.P. AND 6 OTHERS

WRIC/10732/2025 · 2025-09-23

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10732 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The petitioner by means of the present petition has prayed for the following reliefs:- "I. Issue, a writ order or direction in the nature of mandamus commanding the respondents not to interfere in peaceful possession of the petitioner due to reason trail court has already been passed injection order in favour of petitioner vide order dated. 11. Issue, a writ order or direction in the nature of mandamus commanding the respondent No.2/ District magistrate Deoria to compliance the order passed by trail court vide dated.. due to reason the respondent no.2 is a state instrument body it is duty to compliance the order passed by trail court in the interest of justice even though state has already been issued a circular in revenue matter police has no authority to interfere specially concern S.H.O." 3. It has been submitted by learned counsel for the petitioner that the petitioner has instituted Civil Suit No. 351 of 2021, wherein an injunction order dated 06.02.2021 has been passed in favour of the petitioner and the same is still in operation. The grievance of the petitioner is that despite there being an injunction order passed by the trial court the respondents are not obeying the order passed by the trial court and are interfering with the possession of the petitioner. Versus Counsel for Petitioner(s) : Anand Kumar, Bhriguram Ji, Shashi Shekhar Maurya Counsel for Respondent(s) : C.S.C. Ramswaroop .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) 4. Since there is an injunction order operating in favour of the petitioner and the allegation is that the respondents are not abiding by the injunction order passed by the trial court. In such view of the fact, writ petition is not an appropriate remedy as the petitioner has a remedy to file an application under Order 39 Rule-2A of C.P.C. 5. Consequently, the writ petition is dismissed on the ground of alternative remedy. September 24, 2025 Gaurav WRIC No. 10732 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad