Devesh Malviya v. State of U.P. and 4 Others

Chief Justice's Court Case :- WRIT - C No. - 30892 of 2023 Petitioner :- Devesh Malviya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prashant Tripathi,Deepesh Kumar Ojha,Yanendra Pandey Counsel for Respondent :- C.S.C.,Shashi Kant Mishra Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.

¶1Undisputedly, original suit no.686 of 2026 between the parties is pending at the appellate stage, in which injunction was granted in favour of the plaintiff. However, subsequently, the same was vacated and the proceeding under Article 227 of the Constitution of India is pending before this Court.

¶2In view of above, we are not inclined to interfere in the present petition. Accordingly, the petition is dismissed.

¶3However, it will be open for the petitioner to pursue his remedy under Article 227 of the Constitution of India.

¶4Needless to say that if the petitioner moves an urgency application, the same may be considered in accordance with law. Order Date :- 18.10.2023 rkg (Ashutosh Srivastava, J.) (Pritinker Diwaker, CJ.) High Court of Judicature at Allahabad