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2025 DAILYLAW 62302 (ALL)

OM PRAKASH SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/16652/2025 · 2025-05-21

Anish Kumar Gupta, Manoj Kumar Gupta

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:86583-DB Court No. - 21 Case :- WRIT - C No. - 16652 of 2025 Petitioner :- Om Prakash Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pawan Kumar Mishra Counsel for Respondent :- C.S.C.,Narendra Pratap Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The following prayer has been made in the writ petition: "Issue a writ, order or direction in the nature of mandamus directing the respondent authority not to disposes the petitioner from the land in question having Gata No.719 area 2400 square meter situated in village Manbela (Haveli), Tehsil Sadar, District Gorakhpur." 2. The petitioner claims title over Araji No. 719 area 0.3200 hectare village Manbela (Haveli), Tehsil Sadar, District Gorakhpur. 3. The case of the petitioner is that he has instituted Original Suit No. 651 of 2005 along with his two brothers against State of Uttar Pradesh and Special Land Acquisition Officer in respect of the same land and it is pending before the civil court. In the said suit, an order of temporary injunction directing the parties to maintain status quo is in operation. The State has illegally transferred the same land to Gorakpur Development Authority. 4. Since the petitioner is alleging breach of injunction order passed by the trial court, it is open to him to approach the trial court under Order 39 Rule 2A of CPC or take such other legal remedy as may be advised. 5. In view of pendency of civil suit, we decline to examine the issue in exercise of writ jurisdiction. 6. The petition stands disposed of with aforesaid liberty reserved in favour of the petitioner. Order Date :- 22.5.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad