Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 99878 (ALL)

KAMALA PRASAD AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/33455/2025 · 2025-10-06

Ajit Kumar, Swarupama Chaturvedi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33455 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Learned counsel for the petitioners has filed today supplementary affidavit, which is taken on record. 2. Heard Sri Anil Kumar Yadav, learned counsel for the petitioners, learned Standing Counsel for the State and perused the record. 3. By means of this writ petition filed under Article 226 of the Constitution, petitioner seeks a writ in the nature of mandamus to command concerned respondent district authorities to take appropriate action against respondent nos. 4 and 5, who have put a lock on the door of their shop even after injunction being granted by the civil court in a suit of injunction filed by the petitioners. 4. In our considered view, this act of respondents, who are defendants in the suit, amounts to violation of temporary injunction order and therefore, proper remedy for the petitioners are to move an appropriate miscellaneous application under Order 39 Rule 2A of the Code of Civil Procedure (CPC). We further provide that if the petitioners move any such application before the court concerned, the same shall be consider and dispose of on its own merits, after putting respondent nos. 4 and 5 to notice. 5. The petition stands disposed of accordingly. October 7, 2025 #Vikram/- Versus Counsel for Petitioner(s) : Anil Kumar Yadav Counsel for Respondent(s) : C.S.C. (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Kamala Prasad And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad