Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:133724 Court No. - 34 Case :- WRIT - C No. - 26485 of 2025 Petitioner :- Subhash Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raghavendra Pati Tripathi Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:-
"a) issue a Writ, Order or direction in the nature of mandamus commanding and directing the respondent no. 3/ Sub-Divisional Magistrate, Tehsil- Kasimabad, District-Ghazipur to remove illegal cremation construction initiated by the Respondent no.5 from the bhumidhari land of the Petitioner i.e. Gata No.207 area 0.357 hect.) situated at Village-Katya Lahang, Pargana-Jahoorabad, Tehsil-Kasimabad, District- Ghazipur. b) issue a Writ, Order or direction in the nature of mandamus commanding and directing the respondent no. 3/ Sub-Divisional Magistrate, Tehsil- Kasimabad, District-Ghazipur to decide the representation dated 08.07.2025 of the petitioner, pending before him, within stipulated time period as fixed by this Hon'ble Court," From perusal of the application moved by the petitioner on 08.07.2025 before the Sub-Divisional Magistrate, it appears that some temporary injunction has been granted in respect of land in question. The petitioner is aggrieved by violation of the injunction
order. From the reading of the said application, it is clear that if the injunction order is being violated, petitioner has a remedy of moving an application under Order 39 Rule 2A CPC before the Court concerned. Writ petition seeking direction is not maintainable and the same stands dismissed.
Order Date :- 7.8.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad