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2025 DAILYLAW 60505 (ALL)

MAHKAR SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

WRIC/18202/2025 · 2025-05-29

Arun Kumar Singh Deshwal, Salil Kumar Rai

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:93352-DB Court No. - 3 Case :- WRIT - C No. - 18202 of 2025 Petitioner :- Mahkar Singh And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Ajay Kumar Sharma Counsel for Respondent :- C.S.C.,Pankaj Srivastava Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioners, Sri Pramod Kumar Gupta, Advocate, holding brief of Sri J. Sheikh, learned counsel for respondent no.2 and learned Standing Counsel for the State. "1. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to not to dispossess the petitioners from land of Khasra n.60/8 area 2 bigha 2 biswa situated in Baral Partapur, District-Meerut otherwise then law." 2. It transpires from the records that original suit no.622 of 2004 wherein the title of the petitioners is also under consideration is already pending before the trial court. The application for temporary injunction filed by the petitioners in the aforesaid case was dismissed by the trial court and the dismissal order has been affirmed till the decision of Supreme Court in Special Leave to Appeal (Civil) No.31046 of 2010. 3. As the relief claimed by the petitioners in the present petition is in effect the same relief as claimed in the previous proceeding arising from the application of temporary injunction by the trial court, the petition is not maintainable and is barred by principle of res judicata. 4. Accordingly, the petition is dismissed. Order Date :- 30.5.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad