Petitioner sought direction to Superintendent of Police to decide an application within stipulated time. Court noted an existing injunction in favour of petitioner. Upon petitioner withdrawing the petition, it was dismissed as not pressed.
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Court No. - 21
Case :- WRIT - C No. - 26535 of 2020
Petitioner :- Ramkrisna Yadav Respondent :- State of U.P. and Another Counsel for Petitioner :- Mashaluddin Shah Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Mashaluddin Shah, learned counsel for the petitioner and Shri Ankit Gaur, learned Standing Counsel for the State-Respondents.
The petitioner is before this Court for a direction to second respondent i.e. Superintendent of Police, Jaunpur to decide the application dated 18.11.2020 within stipulated period.
At the very outset learned Standing Counsel raised an objection regarding the maintainability of the writ petition on the ground that the relief as has been sought for cannot be extended in view of the fact that the injunction is already in favour of the petitioner. In case the injunction is being flouted by the incumbent against whom allegation has been made, the petitioner can invoke the remedy as has been provided under Order XXXIX Rule 2A, C.P.C.
The Court has proceeded to examine the record in question and find that once the suit proceeding is going on and injunction is already accorded, in such situation, the Court is not inclined to interfere in the matter.
Confronted with the situation, learned counsel for the petitioner submits that he does not want to press the present writ petition.
In view of the above, the Writ Petition is dismissed as not pressed.
Order Date :- 5.1.2021 T. Sinha
Digitally signed by Justice Mahesh Digitally signed by Justice Sanjay Chandra Tripathi Kumar Pachori Date: 2021.01.11 13:50:18 IST Date: 2021.01.11 13:51:11 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
Ramkrisna Yadav
State of U.P.
Superintendent of Police, Jaunpur
Mahesh Chandra Tripathi
Sanjay Kumar Pachori
As recorded by the court registry
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