Writ petition alleging police interference with the petitioner's construction despite a temporary injunction in his favour against the private respondent, who is not bound by the injunction in her own suit since the petitioner is not a defendant there. Notice issued; matter to be listed afresh.
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Court No. - 2
Case :- WRIT - C No. - 4645 of 2025
Petitioner :- Santosh Kumar Saxena Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 9 Others Counsel for Petitioner :- Mayank Pandey,Vatan Sinha Counsel for Respondent :- C.S.C.
Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
Affidavit of Service filed by the petitioner is taken on record. Heard.
Supplementary affidavit has been filed by the petitioner which is taken on record, inter alia, stating that the petitioner is not a defendant in the suit filed by the opposite party no. 9. A copy of the plaint has been annexed with the supplementary affidavit.
The submission is that the petitioner not being a party to the suit by opposite party no. 9, the temporary injunction granted on 14.02.2022 in Civil Suit No. 1386 of 2021, Smt. Kiran Verma Vs. Suhail Khan & Others, does not apply to the petitioner who is not a defendant therein, therefore, the police cannot interfere in the matter based on the said injunction, qua the petitioner. Further, there is a temporary injunction dated 29.05.2024 operating in favour of the petitioner having been passed by the Court below in Regular Suit No. 1565 of 2024 wherein the opposite party no. 9 is a defendant and bound by it. Under the said temporary injunction, the opposite party no. 9 cannot interfere in the possession of the petitioner. The allegation is that the petitioner is undertaking construction on the land in respect of which he has a temporary injunction against the private opposite party no. 9 in his favour, but the Police authorities are interfering in the matter at her behest, illegally.
Although, we cannot decide the issues which are pending consideration in the above mentioned two suits, but the limited question before us is as to whether the Police can stop the petitioner from undertaking construction on the land in respect of which there is a temporary injunction dated 29.05.2024 in a suit where the opposite party no. 9 is a defendant, specially when, in the suit filed by the opposite party no. 9, the petitioner is not a defendant, therefore, only considering the aforesaid aspect, let notice be issued to the opposite parties no. 7 & 9.
Let the opposite parties no. 6, 7 & 9 file their response to the writ petition.
This matter shall now come up before this Court on 04.08.2025 as fresh .
Our order shall not come in the way of the opposite party no. 9 seeking such relief, as she may deem fit, in the suit filed by her or in the suit filed by the petitioner wherein she is a defendant or to pursue such other remedies as may be permissible in law, as, we are only concerned with the role of the Police authorities in violation of the temporary injunction granted by the Court below.
Shri Manish Mishra, learned Standing Counsel shall ensure compliance of this order.
Order Date :- 1.7.2025 Lokesh Kumar
[Om Prakash Shukla, J.] [Rajan Roy, J.]
Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether police can stop the petitioner's construction on land where he holds a temporary injunction against opposite party no. 9, who is not bound by an injunction in her own suit as the petitioner is
Santosh Kumar Saxena
State of U.P. Thru. Prin. Secy. Home Lko.
Opposite party no. 9 (Smt. Kiran Verma per cited suit)
Opposite parties nos. 6 & 7
Rajan Roy
Om Prakash Shukla
As recorded by the court registry
2 orders share this CNR
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