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2025 DAILYLAW 66093 (ALL)

BABLU v. STATE OF U.P. AND 7 OTHERS

WRIC/18968/2025 · 2025-07-17

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:116599-DB Court No. - 21 Case :- WRIT - C No. - 18968 of 2025 Petitioner :- Bablu Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Raj Kumar Pandey,Ram Kumar Pal 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: - "A) A writ order or direction in the nature of Mandamus directing the Respondents No. 2, 3 and 4 to restrain the private respondents from interfering the possession of the Petitioner over the land being Araji No. 485 measuring area 0-139 hectare situated in Village Gurehoo, Post Office Shaheed Gaon, Pargana Mahaich Tehsil Sakaldeeha, District Chandauli in pursuant to the order dated 27.10.2016 passed by Civil Judge (Senior Division) Chandauli) in O.S. No. 449 of 2016 (Shobhnath Vs. Vikrama and others). B) A writ order or direction in the nature of Mandamus directing the respondent no.3 to take the action against the respondent no.4 in accordance with rules who is trying to provide the possession over the land in dispute to respondents 5, 6, 7 and 8 illegally and arbitrarily." 2. The civil suit aforenoted, is pending between the petitioner and the private respondents. An order of temporary injunction was passed on 27.10.2016 in the said suit and it is alleged that the said injunction order is being violated by the private respondents in collusion with the police. 3. In our considered view, since the order of temporary injunction is by civil court and therefore in case it is being violated, the petitioner has remedy to approach the civil court under Order 39 Rule 2A CPC or take recourse to such other measure as may be advised. 4. The writ petition is dismissed with aforesaid liberty reserved in favour of the petitioner. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 18.7.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad