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Neutral Citation No. - 2025:AHC:125624-DB Court No. - 21 Case :- WRIT - C No. - 24603 of 2025 Petitioner :- Madan Lal Sahu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sadhana Maurya 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 petition :-
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent No.3 not to demolish the house of the petitioner, situated at Village Devchandrapur (Shitala Chaukiay), Pargana-Haveli, Tehsil Sadar, District Jaunpur without adopting any procedure of law. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to take appropriate action on the application dated 14.07.2025, filed by the petitioner, in accordance with law."
2. The case of the petitioner is that he has instituted Original Suit No.113 of 2015 against one Vijay Kumar and in the said suit, an
order of temporary injunction was passed in his favour on 21.08.2018, whereby the parties have been directed to maintain status quo and not to raise any construction over the suit land. It is alleged that the injunction order is being violated by the defendant and petitioner has approached the respondents to ensure compliance of the injunction order, but they have not taken any step in this regard. On the other hand, they are taking the stand that it is a private dispute and therefore, they are not bound by the injunction order.
3. After examining the pleadings, we find that in fact the petitioner wants a restraint order from this Court against a private person under the garb of seeking direction against the State-respondents.
4. In our considered opinion, in case, the injunction order is being violated by the defendant or any person in collusion with the defendant, it is open to the petitioner to approach the trial court for
redressal.
5. No case is made out for interfere in the exercise of writ jurisdiction. The writ petition stands disposed of with liberty to the petitioner to approach the trial court for redressal and implementation of the injunction order. (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