RAKESH KUMAR SAHU v. STATE OF U.P. THROUGH ITS SECRETARY HOME DEPARTMENT LUCKNOW, (U.P.) AND 6 OTHERS
WRIC/20829/2025 · 2025-07-06
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
body2025
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[ 2025 DAILYLAW 71111 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71111 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:106197-DB Court No. - 21 Case :- WRIT - C No. - 20829 of 2025 Petitioner :- Rakesh Kumar Sahu Respondent :- State Of U.P. Through Its Secretary Home Department Lucknow, (U.P.) And 6 Others Counsel for Petitioner :- Mohd Sarwar Khan 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 instant writ petition :-
" i. Issue a writ, order or direction in the nature of Mandamus direct the respondent No.5 and 6, Station House Officer, Police Station Kotwali City Jaunpur and Incharge Police Chauki Raj College, Jaunpur, not to dispossess to the tenant petitioner from the Shop No.628/2 situated in Mohalla Rizvi Khan near Nagar Palika Parishad, South Gate Police Station Kotwali City Jaunpur except in accordance with law. ii. Issue a writ, order or direction in the nature of Mandamus direct the respondent No.4, Superintendent of Police, Jaunpur to give protection to the tenant petitioner and his shop No.628/2 situated in Mohalla Rizvi Khan near Nagar Palika Parishad, South Gate Police Station Kotwali City Jaunpur."
2. The case of the petitioner is that he is tenant in shop No.628/2 belonging to respondent No.7. Respondent No.7 came to his shop on 15.05.2025 and damaged the electricity meter and also snapped electricity supply. On 25.05.2025 he again came to the shop of the petitioner and hurled abuses at him. He also asked him to vacate the shop, failing which he would be killed. The petitioner has submitted a representation to Superintendent of Police, Jaunpur by registered post and the prayer made in the representation is that criminal case be registered against respondent No.7. 3. Another representation is alleged to have been sent by the petitioner to Superintendent of Police, Jaunpur by registered post on 31.05.2025, wherein the petitioner has stated that respondent No.7, who is in collusion with the police, should be restrained
from dispossessing the petitioner. It is admitted in the said representation that a civil suit is pending between the parties. 4. Concededly, there is dispute between the petitioner and his landlord, and the petitioner has already instituted Original Suit No.695 of 2025 against respondent No.7 for permanent injunction, restraining him from dispossessing the petitioner and from disconnecting his water supply. An application for temporary injunction was filed in the said suit.
The trial court vide order dated 24.05.2025 declined to grant ad-interim exparte injunction and only issued notice to respondent No.7. 5. In our considered view, the dispute being in relation to tenancy rights and the suit filed by the petitioner being already pending, wherein he has not been granted any temporary injunction so far, the instant petition is only an effort to obtain an injunction order in writ jurisdiction. 6. In view of the pendency of civil suit, the filing of the instant petition for enforcement of tenancy rights by making certain allegations against the police authorities, which do not find support from any material annexed with the writ petition, amounts to gross abuse of the present jurisdiction. 7. The writ petition stands dismissed without prejudice to the rights and contentions in the pending suit. Order Date :- 7.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad