UMESH CHANDRA SHARMA v. STATE OF U.P. AND 3 OTHERS
WRIC/16812/2025 · 2025-07-07
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61610 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61610 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:106777-DB Court No. - 21 Case :- WRIT - C No. - 16812 of 2025 Petitioner :- Umesh Chandra Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The following prayers have been made in the writ petition: -
"I. Issue a writ, order or direction in the nature of mandamus directing the respondents concerned to take appropriate action in pursuance of order dated 20.12.2024 passed by Civil Judge Junior Division, Bisauli Budaun, in Case No. 456 of 2024 (Umesh Chandra Sharma others vs. Udal Singh & others). II. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to take appropriate action and decide the application dated 22.04.2025 moved by petitioner."
2. The dispute is in respect of an immovable property which the petitioner claims to be his own, whereas certain private persons allege to be a rasta. A civil suit has already been instituted in respect of the said dispute by the petitioner and it is pending. It seems that an order of temporary injunction has also been granted in favour of the petitioner. By means of the instant petition, the petitioner seeks implementation of the said injunction order by, this Court.
3. The writ petition is wholly misconceived as the dispute relates to right, title and interest in respect of an immovable property and for which a suit is already pending. The private parties who are claiming rival interest, have not been impleaded in the instant petition. The petition is nothing but gross abuse of the process of law. This Court cannot be reduced to an
executing court for execution of the order of temporary injunction passed by the civil court.
4. The petition is dismissed with a cost of Rs. 25,000/-. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 8.7.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad