Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33102 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned counsel for the petitioner.
2. The petitioner by means of the present petition has prayed for the following relief:-
"A. Issue a writ, order or direction in the nature of writ of mandamus directing the respondent authorities to not interfere in peaceful possession of the petitioner over the 7/12 part of plot no. 238 area 1.8540 hectare situated at Village Baberu Dehat, Tehsil Baberu, District Banda pursuant to the interim injunction order dated 19.03.2019 passed by the learned Civil Judge (S.D.), Banda as well as Government Order dated 01.12.2014 issued by the State Government. B. Issue a writ, order or direction in the nature of writ of mandamus directing the respondents to comply with the interim injunction order dated 19.03.2019 passed by the learned Civil Judge (S.D.), Banda in Original Suit No. 56 of 2019 (Malkhan Singh and others vs. Arun Kumar alias Girdhar and others) and not dispossess the petitioner from the land in question except accordance with law. C. Issue a writ, order or direction in the nature of writ of mandamus directing the respondent authorities to remove the encroachment/construction raised by the respondent no. 6 over plot in question violating the interim injunction order dated 19.03.2019 passed by the learned Civil Judge (S.D.), Banda."
3. Essentially, the petitioner wants compliance of the injunction order dated 19.03.2019 passed by the Civil Judge (S.D.), Banda, in Original Suit No.56 of 2019. For execution of the said order, writ petition is not an appropriate remedy as the petitioner has a remedy to file an application under Order 39 Rule-2A of C.P.C. Versus Counsel for Petitioner(s) : Satya Prakash Singh Counsel for Respondent(s) : C.S.C. Raj Kishor Singh .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
4. Consequently, the writ petition is dismissed on the ground of alternative remedy. September 19, 2025 sailesh WRIC No. 33102 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad