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2025 DAILYLAW 68752 (ALL)

VIJAY KUMAR PANDEY v. STATE OF U.P. AND 6 OTHERS

WRIC/20413/2025 · 2025-06-30

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:100855-DB Court No. - 21 Case :- WRIT - C No. - 20413 of 2025 Petitioner :- Vijay Kumar Pandey Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Upendra Kumar Pandey 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 court below and all concern local authorities to take strict and immediate action to restrain respondents for unlawful construction and removal of illegal construction raised by respondents during the pendency of execution case 18/2000 on the land of petitioner. II. Issue a writ order or direction in the nature of mandamus direct the concerned police authorities to ensure law and order and compliance with the court order." 2. The case of the petitioner is that there is a decree of civil court in favour of late father of the petitioner in respect of the subject land. The said decree is being executed vide Execution Case No.18 of 2000. During pendency of the execution proceedings, the private-respondents have started raising constructions over the subject land. The petitioner filed an application before the executing court on 03.05.2025 for restraining the respondents from raising any construction. However, the said application has not been decided by the executing court so far and, since, the respondents have started making constructions, the petitioner has filed the present writ petition. 3. Alongwith the writ petition, the petitioner has not filed the order-sheet of the execution case and, consequently, we are unable to ascertain the cause for execution case having remained pending for such a long time. 4. As the petitioner is already stated to have filed application before the executing court, before which the decree of the civil court is being executed for restraining the respondents from raising constructions, and the said application is still pending, no good ground is made out to entertain the dispute between the private parties in relation to an immovable property in exercise of writ jurisdiction. 5. The petition stands dismissed. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 1.7.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad