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2025 DAILYLAW 57011 (ALL)

MAHENDRA PRATAP SINGH v. STATE OF U.P. AND 10 OTHERS

A227/4974/2025 · 2025-05-14

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:80704 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4974 of 2025 Petitioner :- Mahendra Pratap Singh Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Alauddin,Fakhruddin Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer: "a. Issue an order at suitable direction and directing both the parties to maintain the status quo and do not construct the building of Sadhan Sahakari Samiti (Deoria Ganga) or other building during the pendency of the permanent injunction application in Original Suit No. 1159 of 2022 (Mahendra Pratap Singh Versus State of U.P.), which is pending before the trial court i.e. learned Civil Judge (S.D.), Sant Kabir Nagar, District Sant Kabir Nagar and directed to the respondents/defendants no.2 shall not interfere with the peaceful possession of the petitioners/plaintiffs and not create any third party rights, otherwise the petitioners/plaintiffs shall irreparable loss and injury so the justice may be done. b. Issue an order or direction and directing the learned Civil Judge (S.D.), Sant Kabir Nagar to decide the application 6C2 which is filed by the petitioner/plaintiff in Original Suit No. 1159 of 2022 (Mahendra Pratap Singh Versus State of U.P.), pending in the court of the learned Civil Judge (S.D.), Sant Kabir Nagar, District Sant Kabir Nagar expeditiously within the stipulated period by this Hon'ble Court, otherwise the petitioner/plaintiffs shall irreparable loss and injury so the justice may be done." The prayer (b) made in the writ petiton is for expeditious disposal of 6C2 application for grant of temporary injunction filed in Original Suit No.1159 of 2022, which is pending consideration. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Civil Judge (Senior Division), Sant Kabir Nagar to decide the temporary injunction application (6-C2) filed in Original Suit No. 1159 of 2022 (Mahendra Pratap Singh vs. State of U.P.), in accordance with law, after hearing all affected parties, preferably within a period of one month from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 15.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad