SALILESH UPADHYAY ALIAS SHAILESH v. STATE OF UP AND 6 OTHERS
A227/10902/2025 · 2025-09-11
Manish Kumar Nigam
Original Suitbody2025
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[ 2025 DAILYLAW 87050 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87050 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10902 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :-
"1. To issue an Order or Direction to expedite the 6C Temporary Injunction Application dated-16.04.2025, along with an Affidavit, being pending in the Original Suit No- 1009/2025 (Salilesh Upadhyaya alias Shailesh V Devendra Kumar Singh and others) before the Learned Court of the Civil Judge, Junior Division Distt-Varanasi, for the Permanent Injunction restraining the opposite parties, being respondent no-(2 to 7) from encroaching the land in question Over the Suit land in question till the disposal of the Civil Suit No-1009/2025 before the Learned Court, Varanasi, pending the decision of the above noted application, otherwise, they will grab the land in dispute and also will disturb the peaceful possession, life and security of the applicant, in view of having several Criminal History and Criminal Activities thereof which cannot be denied at all. Issue an Order, or Direction, in the nature of mandamus, commanding the respondents that until and unless, the said Civil Suit in question is decided by the learned Court below Varanasi, the Interim Temporary Injunction Application as being 6C may kindly be considered accordance with law."
3. Learned counsel for the petitioner submitted that the above- mentioned application is pending consideration since 2025 and the same has not been decided till date. Learned counsel prayed that the same may be decided, expeditiously. Versus Counsel for Petitioner(s) : Avanish Kumar Upadhyay, Raj Kumar Upadhyay Counsel for Respondent(s) : C.S.C. Salilesh Upadhyay Alias Shailesh .....Petitioner(s) State Of Up And 6 Others .....Respondent(s)
4. Since the above-mentioned application is pending, no useful purpose would be served in keeping this petition pending. 5. In view of the above, this writ petition stands disposed of with a direction to the Civil Judge (Junior Division), Varanasi to decide the above-mentioned application, in accordance with law, expeditiously, preferably within twelve weeks from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment.
September 12, 2025 Rishabh A227 No. 10902 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad