Thakur Prasad v. District Magistrate District Hardoi and 5 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 12129 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J.

¶1Heard learned counsel for the petitioner and learned Standing Counsel, who appears on behalf of State-respondents.

¶2This petition has been filed with the following prayers :- "(i) Issue a writ, or direction in the nature of mandamus thereby commanding the opposite parties 1 to 4 specially opposite parties no.3 and 4 to take appropriate action against the opposite party no.5 and 6 against the illegal interference over the agriculture land of petitioner of Gata No.114 area 0.3440 and Gata No.113 area 0.0250 and in settled possession of the agricultural land situated in at village Baithapur Pargana Sandi, Tehsil Sawayajpur, District Hardoi and also comply the order dated 22.09.2025 passed by learned Civil Judge (J.D.) East, Hardoi in original suit no.1835/2025.

(ii) Any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case, may kindly be passed in favour of the petitioners and against the opposite parties."

¶3It is the case of the petitioner that he has filed a suit for permanent injunction registered as Original Suit No.1835 of 2025 (Thakur Prasad and others vs. Ram Kumar and others), in which an ad interim injunction has been granted on 22.09.2025 against the defendants, Ram Kumar and Reena, directing them not to interfere in the peaceful possession of the property in dispute. However, the respondent Nos.5 and 6, Ram Kumar and Reena have continuously interfered with the peaceful possession of the petitioner. Hence, this writ petition has been filed. Versus Counsel for Petitioner(s) : Surendra Singh, Ankur Yadav, Rakesh Kumar Counsel for Respondent(s) : C.S.C. Thakur Prasad .....Petitioner(s) District Magistrate District Hardoi And 5 Others .....Respondent(s)

¶4Learned Standing Counsel has produced before this Court instructions sent by Sub Divisional Magistrate, Sawayajpur, Hardoi, wherein it has been stated that the petitioner has also moved an application before the SDM, Sawayajpur and that the respondent No.6, Reena has moved an application in the Court of SDM, Sawayajpur registered as Case No.T201810330504827 (Smt. Reena and others vs. Bechelal) under Section 24, wherein an order has been passed by the SDM on 26.09.2019. Later on, the District Magistrate has also directed compliance of such order and on 06.10.2025 demarcation was carried out. It was found that paddy crop was standing and, therefore, boundary pillars were not evicted.

¶5Thereafter, the tenure-holders of Gata Nos.113 and 114 filed the original suit as aforesaid. The order of Civil Judge (J.D.) dated 22.09.2025 was produced before the authority and it has been complied with and status quo has been maintained.

¶6The instructions have been signed by the Tehsildar and the SDM, Sawayajpur.

¶7The instructions are kept on record.

¶8The writ petition stands disposed of with the observation that, in case the petitioner continues to remain aggrieved, he may file an application under Order XXXIX Rule 2-A CPC before the Civil Judge, (J.D.), where the suit is pending. December 18, 2025 Shubhankar WRIC No. 12129 of 2025 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) High Court of Judicature at Allahabad, Lucknow Bench