Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28735 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE RAM MANOHAR NARAYAN MISHRA, J.
1. The present writ petition has been filed praying for a writ of mandamus commanding respondent nos. 3 and 4 not to interfere in the peaceful possession of the petitioner and to stop his harassment by lodging first information reports against him.
2. A perusal of the averments made in the writ petition reveals that there is serious dispute of title and possession between the petitioner and private respondent nos. 5 and 6. Two civil suits being O.S. Nos. 292/2000 and 90/2024 are pending against them. Copy of the plaints of the aforesaid suits have not been annexed along with writ petition and therefore we are finding it difficult to ascertain exactly the relief sought in the said suits. In para 8 of the writ petition, it is stated that against rejection of interim order, a revision bearing number 19 of 2025 is also pending. It is also admitted that two first information reports are registered against the petitioner and the parties have also been challaned under Section 107/116 CrPC. The petitioner though has alleged that he is sought to be dispossessed from the suit property by private respondents with the aid of police authorities and has accordingly filed the present writ petition, but as noted above, the dispute is essentially between two set of private parties.
3. There is no material on record that any injunction order is operating as on date in favour of the petitioner.
4. As such, we are not inclined to examine the issues raised by the petitioner in the present writ petition, as essentially the injunction order if granted, would be operating against the private parties despite two civil suits already pending between the parties. Versus Counsel for Petitioner(s) : Amit Kumar Pandey Counsel for Respondent(s) : C.S.C. Mahesh Chand Rawat .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
5. Accordingly, the petition is disposed of with liberty to the petitioner to seek appropriate relief in the pending civil suits or by such other mode as may be advised. September 1, 2025 Jaideep/- WRIC No. 28735 of 2025 2 (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad