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2026 DAILYLAW 11736 (ALL)

VINOD KUMAR JAISWAL v. STATE OF U.P. AND 10 OTHERS

WRIC/39777/2026 · 2026-09-29

Indrajeet Shukla, J J Munir

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 39777 of 2026 Court No. - 2 HON'BLE J.J. MUNIR, J. HON'BLE INDRAJEET SHUKLA, J. 1. The dispute, which is between the petitioner on one hand and respondents nos. 6 to 11 on the other, appears to be a purely private dispute, which the petitioner wants to give the colour of a public law matter by invoking provisions of Section 186 of the Uttar Pradesh Municipalities Act, 1916. 2. The petitioner claims the land through a will, on which respondents nos. 6 to 11 are raising constructions, after purchasing the land through a registered sale deed. The petitioner has already filed for cancellation of the sale deed before the Civil Judge (Junior Division), Mohammadabad Gohna, Mau. The said suit is pending. There is also a suit filed by the petitioner for permanent injunction before the Civil Judge (Senior Division), Mau. 3. Learned Counsel for the petitioner says that the respondents are raising construction, which has to be prevented at any cost. The remedy of the petitioner is to make a suitable application for temporary injunction, seeking to restrain the ongoing construction by respondents nos. 6 to 11, in Suit No. 308 of 2014. Versus Counsel for Petitioner(s) : Mayank Krishna Singh Chandel, Vinod Kumar Chandel Counsel for Respondent(s) : C.S.C. Vinod Kumar Jaiswal .....Petitioner(s) State of U.P. and others .....Respondent(s) 4. If such an application is made, the Civil Judge (Junior Division), Mohammadabad Gohna, Mau shall pass appropriate orders on the said application very expeditiously. 5. This petition stands disposed of in terms of the orders aforesaid. 6. This order has been passed in the presence of learned Counsel for parties. 7. The Registrar (Compliance) is directed to communicate this order to the Civil Judge (Junior Division), Mohammadabad Gohna, Mau. September 30, 2026 I. Batabyal WRIC No. 39777 of 2026 2 (Indrajeet Shukla,J.) (J.J. Munir,J.) Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad