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2025 DAILYLAW 85474 (ALL)

DHARMVIR v. STATE OF U.P. AND 15 OTHERS

WRIC/27076/2025 · 2025-08-19

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:142257-DB C ourt No. - 21 Case :- WRIT - C No. - 27076 of 2025 Petitioner :- Dharmvir Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Ajeet Sharma,Divakar Rai Sharma Counsel for Respondent :- C.S.C.,Rajesh Dutta Pandey,Ravi Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayers have been made in the present writ petition: "1. Issue a writ, order or direction in the nature of mandamus to the respondents nos. 1, 2 and 3 to direct the respondent nos. 5 to 10 to reconstruct the wall of the petitioner as it existed prior to illegal demolition done during the pendency of the injunction order dated 28.5.2025 passed by the Civil Judge (S.D.), Aligarh in O.S. no. 746 of 2024 ((Dharmvir Singh Vs. Mithlesh Devi and others). 2. Issue a writ, order or direction in the nature of mandamus directing the respondents no. 1,2,3,4 to initiate disciplinary proceeding against the respondents no. 5 to 10 respectively for illegal demolition of the boundary wall of the petitioner. 3. Issue a writ, order or direction in the nature of mandamus commanding the respondents no.1 to 4 to decide the representation dated 07.07.2025 of the petitioner." 2. The case of the petitioner is that he instituted a suit for permanent prohibitory injunction against private respondents No. 11 to 16 and in the said suit, an order of temporary injunction was passed in his favour on 28.05.2025. It is alleged that in violation of the injunction order, the private respondents with help of police force demolished the constructions of the petitioner and also interfered in his possession. 3. In case, there is violation of injunction order, remedy of the petitioner is by way of an application under Order 39 Rule 2A of CPC. We find no good ground to examine the issue relating to alleged breach of injunction order in exercise of writ jurisdiction. 4. The writ petition stands disposed of with liberty to the petitioner to avail the said remedy if so advised. Order Date :- 20.8.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad