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Smt. Rukshana and Another v. State of U.P. and 2 Others

Allahabad HC6 Nov 2025WRIC/36921/2025

Case brief

AI extract

What is this about?

Writ-C 36921 of 2025; Smt. Rukshana v. State of U.P.; Nagar Palika Parishad Rampur; disputed 'Talaab'; restraint order 4th December 2024; Civil Judge (S.D.) Rampur; O.S. no. 336 of 2021; Tahil Ali Khan; wrongful possession; respondent must vacate restraint order before obtaining possession; writ petition disposed of November 6, 2025.

What did the court decide?

No substantive relief; writ petition disposed of with the Court's position that respondent no.2 must first vacate the restraint order dated 4th December, 2024 through the pending suit before taking steps to obtain possession of the disputed 'Talaab'. ¶11

Smt. Rukshana and Another vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - C No. - 36921 of 2025

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Smt. Rukshana And Another

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	Versus .....Petitioner(s)
State Of U.P. And 2 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Hari Shankar Tripathi, Ravindra Kumar Mishra
Counsel for Respondent(s)	: C.S.C., Sharad Sharma
Court No.- 39

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HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J.

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Mr. Ravindra Kumar Mishra, learned advocate appears on behalf of petitioners and submits, order dated 4th December, 2024 made by the Civil Judge (S.D.) Rampur, in O.S. no. 336 of 2021 (Tahil Ali Khan and ors. Vs. Nagar Palika Parishad, Rampur and ors.) is subsisting. There was direction for restraint by said order dated 4th December, 2024. Respondent no.2 is seeking to take possession from petitioners. He seeks interference.

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Mr. Ashim Mukherjee, learned advocate, Standing Counsel appears on behalf of State. Mr. Sharad Sharma, learned advocate appears on behalf of respondent no.2 (the Nagar Palika Parishad). He submits, petitioner is in wrongful possession of the 'Talaab'. His client is contesting the suit. Meanwhile, it has not done anything to violate said order.

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Respondent no.2 must take steps to contest the suit and have said order dated 4th December, 2024 vacated before it can take steps to obtain possession of the disputed 'Talaab'. At present, we accept submission made on its behalf that it has not violated the order.

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WRIC No. 36921 of 2025

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