Neutral Citation No. - 2025:AHC:67522 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3605 of 2025 Petitioner :- Shri Pal Respondent :- State Of Up And 9 Others Counsel for Petitioner :- Awadhesh Prasad,Radhey Shyam Singh Counsel for Respondent :- C.S.C.,Krishna Kant Singh Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "(i) Issue a order or direction restraining the respondents not to oral attached/auction/sale/disposed off the wheat crops of petitioner, without any order of the competent courts order or in view of Civil Courts, judgment and order dated 03.12.2007 passed by Civil Court, Hathras in O.S. No.69 of 2005 (Shree Pal Vs. Mahipal Singh and others) without adopting the process of the courts. (ii) Issue a writ, order or direction restraining the respondents not to interfere in peaceful harvesting of the wheat crops of the petitioner, situated over the Arazi in question and said Arazí covered by agriculture land has not been cancelled even uptill now by any of the courts." 2. It is contended that a civil suit was instituted by the petitioner Shri Pal along with nine other plaintiffs against one Mahipal Singh, which was registered as Original Suit No.69 of 2005. The suit was decreed ex parte on 03.12.2007, copy of which has been brought on record as Annexure 1 to the writ petition. It is contended by learned counsel for the petitioner that the respondent State authorities are not permitting the petitioner to harvest the crops standing over the land in dispute. 3. On 15.04.2025 this Court had required the State to seek instructions in the matter and following order was passed : "It is contended that Suit No. 69 of 2005 was decreed on 03.12.2007. After 18 years of the decree of the suit, the State is proceeding to auction the crop standing over the land in dispute. When counsel for petitioner was confronted with the fact as to whether any application under Order IX Rule 13 CPC was filed by State or any appeal against the ex-parte judgement, he could not respond. Petitioner is granted a week's time to file supplementary affidavit bringing on record the fact as to whether any civil appeal was preferred against the judgment of the year 2007 or any application under Order IX Rule 13 CPC was moved for recalling the ex-parte decree. Put up as fresh after one week. In the meantime, State may also seek instructions." 4. Sri Shyam Sundar, learned Standing Counsel submits that the State was not a party in the suit instituted by the petitioner and only one Mahipal, who was then Pradhan of Gram Panchayat was made the defendant in the suit. According to him, niether the Gaon Sabha nor the Collector or Sub-Divisional Magistrate were made party in the suit. 5. The instant writ petition has been filed making the Revenue Secretary; District Collector, Hathras; Sub-Divisional Magistrate, Tehsil Sikandara Rao, Hathras; Tehsildar, Tehsil Sikandra Rao, Hathras; Consolidation Officer, Sikandra Rao, Hathras; Superintendent of Police, Hathras as well as Thana Prabhari, P.S. Sikandra Rao, Hathras as a party. According to him, the present writ petition is not maintainable in view of the fact that the injunction operates in personam and not in rem. 6. I have heard the respective counsel for the parties and perused the material on record. 7. From perusal of the instructions so received from the State side, It is clear that the State was not party in the suit instituted by the petitioner along with nine other plaintiffs. Moreover, neither the District Collector nor the Sub-Divisional Magistrate, Tehsil Sikandra Rao, Hathras or Tehsildar, Tehsil Sikandra Rao, Hathras were party in the said suit. Mahipal, who was Pradhan at that time, was made party in personal capacity and a decree was sought from the Court below against him. 8. The relief, as claimed in the writ petition, cannot be granted to the petitioner as there is no judgment or decree against the State and the official cannot said to be violating any judgment or decree passed by the Court. 9. Writ petition fails and is hereby dismissed. Order Date :- 30.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad