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2025 DAILYLAW 72503 (ALL)

MAKKHAN LAL v. STATE OF U.P. AND 4 OTHERS

WRIC/21687/2025 · 2025-07-09

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:110374-DB Court No. - 21 Case :- WRIT - C No. - 21687 of 2025 Petitioner :- Makkhan Lal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rahul Mishra 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 claimed in the writ petition: "(i) Issue a writ, order or direction in the nature of mandamus and thereby command the respondents, particularly respondent no. 4 to stop interfering into the civil dispute between the petitioner and respondent no. 5, particularly when respondent no. 5 has already filed an Injunction Suit bearing O.S. No. 331 of 2025, Preetam Das Chowdhary vs. Mitthulal and others, which is engaging the attention of Civil Judge (J.D.), West, Prayagraj. (ii) Issue a writ, order or direction in the nature of mandamus and thereby requisite and appropriate directions are made to save the petitioner from the atrocities and harassment met to the petitioner at the hands of respondents, particularly respondent no. 4 at the instance of respondent no. 5." 2. We find that a civil suit is already pending between the petitioner and private respondent. The petitioner is trying to raise constructions, which, it appears, is being objected to by respondent no. 5 and in garb of seeking restraint order against the respondent no. 4, the petitioner infact is seeking injunction against the private respondent. 3. We leave it open to the petitioner to file his own suit seeking appropriate relief against respondent no. 5 or in alternative may seek relief in the suit filed by respondent no. 5. 4. With the aforesaid liberty, petition stands disposed of. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 10.7.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad