Kunwar Shobhit Singh and 2 Others Vs Civil Judge… — Writ and Judicial Review | Allahabad HC (2025)

Kunwar Shobhit Singh and 2 Others Vs Civil Judge… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed off with direction to the Civil Judge, Junior Division to hear and decide the injunction application filed in Original Suit No.613 of 2025 itself; if any party is absent, the order on the injunction application is to be passed on merit and in accordance with law; the SDM and the SHO concerned shall ensure no untoward incident occurs in respect of possession and title of the property till 01.05.2025; both parties remain at liberty to plead in their interest as may be advised.

Issue for consideration

Whether the Court should direct the Civil Judge, Junior Division to hear and decide the injunction application filed in Original Suit No.613 of 2025 itself, in view of the alleged attempt by the respondents to dispossess the petitioners after disposal of the respondent's writ petition. +1 more

Court's answer

Considering the prayer made in the writ petition, the present petition is disposed off with direction to the Civil Judge, Junior Division to hear and decide the injunction application filed in Original Suit No.613 of 2025 itself.

Ratio / Principle

If any of the parties is not appearing, the Civil Judge, Junior Division will pass the order on the injunction application on merit and in accordance with law.

Key takeaways

The SDM and the SHO concerned shall ensure that no untoward incident happens in respect of the possession and title of the property till 01.05.2025, and both parties are at liberty to plead in their interest, as may be advised.ratio¶9
The explanation of the officers — that upon a request by the SHO, made in compliance of the order passed by the Civil Judge and a subsequent communication dated 24.03.2025, the SDM was asked to constitute a revenue team to identify the property — is satisfactory.ratio¶4

Detailed headnote1 paragraphs

Matters Under Article 227 No. 2261 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench, Pankaj Bhatia, J., decided 21.4.2025): Following disposal of the respondent's writ petition (Matters Under Article 227 No.1862 of 2025) vide order dated 09.04.2025, the petitioners alleged an unsuccessful attempt by the respondents to dispossess them. The SDM (Prafull Kumar Sharma), Tehsildar (Pragya Dwivedi) and SHO (Rajesh Kumar Singh), Raebareli, appeared in compliance of the order dated 18.04.2025; their explanation — that in compliance of the order passed by the Civil Judge and a communication dated 24.03.2025 the SHO had requested the SDM to constitute a revenue team to identify the property — was found satisfactory. The petition was disposed off with direction to the Civil Judge, Junior Division to hear and decide the injunction application filed in Original Suit No.613 of 2025 itself (fixed for 01.05.2025); failing appearance by any party, the order is to be passed on merit and in accordance with law; the SDM and SHO concerned were directed to ensure no untoward incident in respect of possession and title of the property till 01.05.2025, with both parties free to plead in their interest.

Neutral Citation No. - 2025:AHC-LKO:22401

Court No. - 6

Case :- MATTERS UNDER ARTICLE 227 No. - 2261 of 2025

Petitioner :- Kunwar Shobhit Singh And 2 Others Respondent :- Civil Judge Junior Division Raebareily And 10 Others

Counsel for Petitioner :- Avinash Singh Vishen,Nishant Pandey,Shishir Raj,Vedant Srivastava Counsel for Respondent :- C.S.C.

Hon'ble Pankaj Bhatia,J.

1 . Supplementary affidavit filed on behalf of the petitioners and the counter affidavit filed on behalf of opposite party no.2 are taken on record.

2 . Heard Sri Sudeep Seth, learned Senior Advocate assisted by Sri Avinash Singh Vishen, Vedant Srivastava, Nishant Pandey, Shishir Raj, Nikhil Mishra, Ravindra Yadav and Shubham Mishra as well as learned Standing Counsel and learned Counsel appearing on behalf of opposite party no.2.

3 . In terms of the order dated 18.04.2025, the Sri Prafull Kumar Sharma, Sub-Divisional Magistrate, Tehsil Sadar, Raebareli; Ms. Pragya Dwivedi, Tehsildar, Sadar, Raebareli and Rajesh Kumar Singh, Station House Officer, Kotwali, Raebareli are present in Court. Their responses have been handed over across the bar through learned Standing Counsel, which are also taken on record.

4 . In terms of the responses/ instructions, it has been stated that in compliance of the order passed by the Civil Judge and a subsequent communication dated 24.03.2025, a request was made by the SHO to the SDM for constituting a revenue team so as to identify the property, as was directed by the order passed by the Civil Judge. The explanation is satisfactory.

Order on Main Petition

5 . The present petition has been filed by the petitioner alleging that after the writ petition filed by the respondent was disposed off by this Court vide order dated 09.04.2025 (Matters Under Article 227 No.1862 of 2025), an attempt was made by the respondents to dispossess the petitioners, however, they could not succeed.

6 . It is also argued by both the parties that now the matter is fixed before the learned trial court for consideration of the injunction application on 01.05.2025.

7 . Considering the prayer made in the writ petition, the present petition is disposed off with direction to the Civil Judge, Junior Division to hear and decide the injunction application filed in Original Suit No.613 of 2025 itself.

8 . It is made clear that any of the parties is not appearing, the Civil Judge, Junior Division will pass the order on the injunction application on merit and in accordance with law.

9 . The SDM and the SHO concerned shall ensure that no untoward incident happen in respect of the possession and title of the property till 01.05.2025. It is further clarified that both the parties would be at liberty to plead in their interest, as may be advised.

Order Date :- 21.4.2025 akverma

Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench