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2025 DAILYLAW 92347 (ALL)

ANUP KUMAR GUPTA v. STATE OF U.P. AND 7 OTHERS

WRIC/31052/2025 · 2025-09-08

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31052 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The present writ petition has been filed praying for a writ of mandamus commanding the police authorities and private respondents not to interfere in the marital life of the petitioner and his wife and allow them to run R.O. Plant from the ancestral house for earning their livelihood. 2. It seems that the petitioner has solemnized inter-caste marriage against the wishes of his family. He approached this Court by filing Writ Petition No. 796 of 2025, complaining about the harassment and the writ petition was disposed of by a Co-ordinate Bench by order dated 15.1.2025, granting liberty to the petitioner to approach respondent no. 3 therein and in which event, he would take appropriate action as warranted under law. The petitioner thereafter filed Contempt Application (Civil) No. 4022 of 2025, alleging violation of the directions issued by this Court vide order dated 15.1.2025 in Writ Petition No. 796 of 2025. The contempt application has been dismissed by order dated 7.8.2025 observing that the petitioner had not cited any incident as would indicate that any direction issued by this Court has been violated. It is also noted that by order dated 3.2.2025, the parties have been challaned under Section126/135 of Bharatiya Nagarik Suraksha Sanhita, 2023 to ensure maintenance of law and order and the said action does not amount to any contempt. 3. The present petition has been filed alleging that the petitioner is running a R.O. plant in his ancestral house. It is stated that the petitioner has share in the house, but the respondents are preventing him from running the R.O. plant. Versus Counsel for Petitioner(s) : Gaurav Singh, Mohd Kamil, Pratiksha Pandey Counsel for Respondent(s) : C.S.C. Anup Kumar Gupta .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) 4. Thus, the dispute is whether the petitioner has any share in the house which he claims to be ancestral house and in case the petitioner has share in it, whether there is any interference or justification on part of the respondents in not permitting the petitioner to run R.O. plant. 5. These issues, require leading of evidence. It would not be proper to examine these issues in writ jurisdiction as common law remedies are available. 6. Consequently, we dispose of the instant petition with liberty to the petitioner to avail common law remedies. September 9, 2025 Jaideep/- WRIC No. 31052 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad