Hardev Singh v. State of U.P. Thru, Secy. Home Civil Sectt. Lko. and 7 Others

Court No. - 3 Case :- WRIT - C No. - 8785 of 2023 Petitioner :- Hardev Singh Respondent :- State Of U.P. Thru, Secy. Home Civil Sectt. Lko. And 7 Others Counsel for Petitioner :- Neelu Singh Chauhan Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioner, Shri Dilip Kumar Pandey, learned counsel for Opposite Party No.5 and learned Standing Counsel for the State. The present writ petition has been filed with the following main prayer: "I. issue a writ, order or direction in the nature of mandamus commanding the opposite parties Nos.2 to 5 to restrain the Opposite Party no.6 to 8 from any interference of peaceful possession of the petitioner over land in question during pendency of the Civil Suit before learned Civil Judge (Senior Division), Unnao." Admittedly, Original Suit No.358 of 2022 is pending before Civil Judge (Senior Division) Unnao and an injunction application has been filed and more than six months have been expired. After arguing at some length,learned counsel for petitioner submits that grievance of petitioners would be substantially met in case interim application of petitioners is considered and decided in a time bound manner. This Court on administrative side has already directed that injunction application should be considered and decided by the court concerned within a period of six months. Under the given circumstances, the court concerned is expected to decide the injunction application of the petitioner, which is pending for more than six months, as expeditiously as possible without any delay after giving opportunity of hearing to the parties. For the said purpose, the injunction application shall be taken on day to day basis. Writ petition is disposed of. [Manish Kumar,J.] [Vivek Chaudhary,J.] Order Date :- 11.10.2023 S. Kumar High Court of Judicature at Allahabad, Lucknow Bench