Nand Lal And 2 Others vs State Of U.P. 5 Others
2022 Latest Caselaw 9739 ALL

Citation : 2022 Latest Caselaw 9739 ALL
Judgement Date : 8 August, 2022

Allahabad High Court

Nand Lal And 2 Others vs State Of U.P. 5 Others on 8 August, 2022

Bench: Anjani Kumar Mishra, Deepak Verma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- WRIT - C No. - 17738 of 2022
 
Petitioner :- Nand Lal And 2 Others
 
Respondent :- State Of U.P. 5 Others
 
Counsel for Petitioner :- Mithilesh Kumar,Arun Kumar Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Anjani Kumar Mishra,J.

Hon'ble Deepak Verma,J.

Heard learned counsel for the petitioners and learned Standing Counsel for the State.

The writ petition seeks the following relief:-

"i. issue a writ, order or direction in the nature of mandamus directing the respondent Nos.5 and 6 i.e. Raja Ram and Mauji not to interfere in the peaceful possession of the petitioners land situated in Village-Jamunipur, Post-Nigoh, Pargana & Tehsil-Mariyanhu, District-Jaunpur."

From the relief quoted above it is clear that the petitioner is seeking injunction from the writ court at the first instance. Such a relief cannot be granted. In case, the petitioner requires an injunction, his remedy lies before the civil court by means for a suit for injunction.

Learned counsel for the petitioners has tried to submit that a decree of the civil court is operating in his favour.

In case, as is sought to be alleged, there is a violation of a decree passed in favour of the petitioner by the judgment debtor, the remedy available to the petitioner is under the Civil Procedure Code which remedy the petitioners, in case so advised, may avail.

The second relief claimed is for a mandamus directing the respondent No.3, Superintendent of Police, Jaunpur to pass an appropriate order on the complaint made by the petitioners.

In our considered opinion, the police authorities are not competent to decide a civil dispute between two parties nor is the Superintendent of Police, an executing authority, which can take cognizance in the matter, in case a decree of a civil suit exists in favour of the petitioner.

Subject to the above observations, this petition is dismissed.

Order Date :- 8.8.2022

Nitin Verma