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2025 DAILYLAW 75769 (ALL)

NAND MOHAN MISHRA v. STATE OF U.P. AND 3 OTHERS

WRIC/22833/2025 · 2025-07-23

Arun Kumar Singh Deshwal, Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121425-DB Court No. - 40 Case :- WRIT - C No. - 22833 of 2025 Petitioner :- Nand Mohan Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Kant Upadhyay Counsel for Respondent :- C.S.C.,Shashi Kant Mishra Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner. 2. The petitioner by means of the present petition has prayed for the following relief:- "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.4/Junior Engineer (water) Nagar Palika Parishad, Mirzapur to comply the order dated 28.09.2020 passed by the respondent no3/Executive Officer, Nagar Palika Parishad, Mirzapur within stipulated time. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents authority to decide the application/representation dated 21.03.2025 with speaking and reasoned order in pursuance to the order dated 28.09.2020 passed by the respondent no.3 i.e. Executive Officer, Nagar Palika Parishad, Mirzapur within stipulated time. (iii) Issue any other writ, order or direction in appropriate nature which this Hon'ble Court may deem just and proper under the circumstances of the case. (iv) Award cost the writ petition in favour of the petitioner." 3. Essentially, the petitioner wants compliance of the injunction order dated 28.09.2020 passed by the Civil Court in Original Suit No.583 of 2000. For execution of the said order, writ petition is not an appropriate remedy as the petitioner has a remedy to file an application under Order 39 Rule-2A of C.P.C. 4. Consequently, the writ petition is dismissed on the ground of alternative remedy. Order Date :- 24.7.2025/NS (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad