Vivek Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Home, Civil Secrt. Lucknow U.P. and 4 Others

Court No. - 3 Case :- WRIT - C No. - 11573 of 2023 Petitioner :- Vivek Singh And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Secrt. Lucknow U.P. And 4 Others Counsel for Petitioner :- Surendra Singh Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioners, Sri Ratnesh Chandra for the respondent and learned Standing Counsel. The present writ petition has been filed with the following main prayer: "I. Issue a writ, order or direction in the nature of Certiorari to quash the demolition order dated 16.12.2023 and office order dated 07.12.2023 passed by Opposite Party No.5, in the interest of justice.

(ii) Issue a writ, order or direction in the nature of mandamus to say the effect, operation and implementaion of demolition order dated 16.12.2023 and office order dated 07.12.2023 passed by Opposite Party No.5 till the pendency of Civil Suit No.UPBB060009022023 pending before the learned Civil Judge (J.D.), Court No.13, Barabanki, in the interest of justice." Admittedly, Civil Suit No.UPBB060009022023 pending before the learned Civil Judge (J.D.), Court No.13, Barabanki 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 :- 22.12.2023 S. Kumar High Court of Judicature at Allahabad, Lucknow Bench