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2025 DAILYLAW 66102 (ALL)

OM PRAKASH TIWARI v. STATE OF U.P. AND 2 OTHERS

CRLP/11674/2025 · 2025-07-31

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129346 Court No. - 79 Case :- CRIMINAL MISC. WRIT PETITION No. - 11674 of 2025 Petitioner :- Om Prakash Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neelabh Srivastava,Shri Krishna Das Counsel for Respondent :- G.A. Hon'ble Sandeep Jain,J. 1. Vakalatnama has been filed by learned counsel for the respondent no.3 in Court today, is taken on record. 2. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 3. The present writ petition has been filed for the following reliefs:- "a. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no.2 for implementation of order dated 14.06.2024 under Section 146(1) Cr.P.C. for the attachment and appointment of receiver for temple in question situated at Gata No. 444 (Area 0.077 Hect.) in Village-Ashrafpur, Pargana-Anguli, Tehsil-Shahganj, District-Jaunpur arising out of proceeding under Section 145 Cr.P.C. bearing Case No. 4897 of 2024 (Computer Case No. T202414360104897) (Om Prakash Tiwari & others Vs. Ramcharan Bind & Others) within stipulated period. b. Issue writ, order or direction in the nature of mandamus commanding/directing the respondent no.2 to conclude the proceeding under Section 145 Cr.P.C. bearing Case No. 4897 of 2024 (Computer Case No. T202414360104897) (Om Prakash Tiwari & others Vs. Ramcharan Bind & Others) within some stipulated period." 4. On previous date i.e. 30.07.2025, learned A.G.A. was directed to obtain instructions in this case to ascertain whether a receiver has been appointed or not. 5. Today, a report has been submitted by the learned A.G.A. for the State. According to which, in compliance of attachment order dated 14.06.2024 passed by respondent no.2, Sub Divisional Magistrate, Tehsil Shahganj, District Jaunpur which has been affirmed in Criminal Revision No. 265 of 2024 (Ram Charan Bind Vs. State of U.P. and Another), Regional Revenue Inspector, Sarai Mohiuddinpur has been appointed as receiver regarding the offerings made at the disputed temple. 6. Learned counsel for the petitioner has perused the above report and submitted that no further action needs to be required in this matter by this Court. 7. In view of above facts and circumstances, the writ petition is disposed of with the direction that receiver appointed shall comply with the directions contained in the order dated 14.06.2024 without fail. If any further dispute arises regarding the functioning of the receiver then it may be brought to the notice of the concerned SDM, who will act in accordance with law. Order Date :- 1.8.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad