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2025 DAILYLAW 77074 (ALL)

VIRENDRA PRASAD SHUKLA v. STATE OF U.P. AND 13 OTHERS

WRIC/23927/2025 · 2025-07-23

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121344-DB Court No. - 21 Case :- WRIT - C No. - 23927 of 2025 Petitioner :- Virendra Prasad Shukla Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Akhilesh Kumar Pandey,Subhash Chandra Rai 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 commanding and directing the respondent No. 2 & 3 to ensure the removal of bricks over the Plot No. 579 Area 0.1500 Hectare situated at Village Jinwa (Basti Poorab), Tehsil Bhanpur, District Basti forthwith. ii. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent Nos. 5 to 14 not to change the nature and possession of the land as directed by this Hon'ble Court vide order dated 15.03.2024 passed in Writ Petition No. 4108 of 2023 (Sumiran Vs. D.D.C. and others)." 2. The case of the petitioner is that there has been a long drawn dispute between the petitioner and respondents and certain private parties in respect of a piece of land and Writ - B No. 4108 of 2023 arising out of the consolidation proceedings, is pending at the behest of Sumiran (respondent no. 6). In the said case, the orders passed by the consolidation authorities have been stayed and the parties to the writ proceedings have been directed to maintain status quo with respect to nature and possession of the plot in question. The said order was obtained by the respondents by concealment of material facts, but nonetheless, the order of status quo is binding on the respondents also. However, the private respondents, in violation of the order of status quo, passed by the High Court, have made encroachment over the plot, and have also placed bricks over the same. 3. During the course of hearing of the writ petition, when it was suggested to the learned counsel that in case there was violation of order of status quo passed by this Court, the petitioner should approach the contempt court, he states that the petitioner filed a contempt petition for violation of the order of status quo dated 15.3.2024 in Writ Petition No. 4108 of 2023, but the court was of the view that the alleged contemners were not party in the writ proceedings and therefore no contempt would be made out. Hence, the contempt application was got dismissed as not pressed. 4. In view of the above, we are not inclined to examine the breach of order of status quo passed in a case pending before this court in parallel proceedings. We leave it open to the petitioner to move appropriate application in the writ petition, or avail civil remedies against the persons who are not bound by the order of status quo passed in the writ petition, being not party thereto. 5. With the aforesaid liberty, the petition stands disposed of. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 24.7.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad