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Neutral Citation No. - 2025:AHC:83801-DB Court No. - 39 Case :- WRIT - C No. - 15939 of 2025 Petitioner :- Santosh Kumar Yadav Respondent :- State Of Up And 9 Others Counsel for Petitioner :- Adarsh Kumar,Arvind Kumar Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.
1. Mr.Arvind Kumar, learned advocate appears on behalf of petitioner and submits, his client is owner of Arazi no.640. There is civil Case no.1010 of 2014 pending before Civil Judge (Junior Division), Mirzapur, in which there is subsisting stay order dated 8th December, 2014. The administration, in spite of such stay
order, went to the spot on 23rd January, 2020 and made measurement for 'rasta' between Arazi no.641 and 640. All this is at instance of private respondent nos.6 to 10. He submits, there has been violation of the civil Court's order in State-respondents acting at instance of private respondents. There be interference.
2. Mr.Fuzail Ahmad Ansari, learned advocate, Standing Counsel appears on behalf of State. He submits, it is a private dispute and the stay order has not been disclosed nor communicated to the administration.
3. Petitioner's prayer is for maintaining status quo. On query Mr.Kumar submits, his client is in possession of Arazi no.640. Petitioner is directed to communicate certified copy of this order along with copy of order dated 5th December, 2014 in Case no.1010 of 2014 (Phool Chand vs. Manoj Dubey and others)
pending before Civil Judge (Junior Division)-II Court, Mirzapur along with information obtained regarding pendency of said suit/case. Said respondent, if finds pendency of the case/suit and subsistence of the said order, will act in terms of relevant Government Orders in awaiting resolution of the dispute on adjudication by the civil Court. Petitioner will also communicate website copy of this order to private respondents, at their address.
4. The writ petition is disposed of.
Order Date :- 19.5.2025 LN Tripathi (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad