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2025 DAILYLAW 79017 (ALL)

SMT. SUSHILA BHASHKAR v. STATE OF U.P, AND 3 OTHERS

WRIC/24604/2025 · 2025-07-28

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125753-DB Court No. - 21 Case :- WRIT - C No. - 24604 of 2025 Petitioner :- Smt. Sushila Bhashkar Respondent :- State Of U.P, And 3 Others Counsel for Petitioner :- Manoj Kumar Singh,Mohd. Shamim 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 present petition:- " (i) Issue a writ, order or direction in the nature of mandamus directing the respondent Nos.2 and 3 to consider and decide the claim of the petitioner as per representation dated 10.06.2025 filed by the petitioner to take appropriate action against the respondent No.4 and other anti-social elements and providing the protection of police force to the petitioner, for protection of the land of the petitioner and to maintain status quo over the land in dispute bearing Arazi No.39/0.445 Htr. situated at Mauja-Rampur @ Ramgarh Tappa and Pargana- Haweli, Tehsil-Sadar, District Gorakhpur, over which is forcefully raising constructin by respondent No.4 and his other companion anti- social elements, during the pendency of the present writ petition. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent Nos.2 and 3 to consider and decide the representation dated 10.06.2025 in accordance with law within stipulated period fixed by this Hon'ble Court." 2. The petitioner admits that there is dispute pending between her and private respondent No.4 before the trial Court in relation to an immovable property. The petitioner has filed the instant petition seeking the aforesaid reliefs. 3. In the suit, on 06.08.2024 an order of status quo was passed up to the next date. The petitioner, as noted above, has now approached this Court alleging respondent No.4 to be an anti-social element and for providing police protection to her. 4. In other words, the petitioner is seeking execution of the order of temporary injunction by this Court, which we decline to carryout and leave it open to the petitioner to approach the trial Court. 5. Accordingly, the writ petition stands dismissed with the aforesaid liberty reserved to the petitioner. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 29.7.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad