Neutral Citation No. - 2024:AHC-LKO:72510-DB
Court No. - 2
Case :- WRIT - C No. - 9345 of 2024
Petitioner :- Syed Haseen Ashraf
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lko. And 7 Others
Counsel for Petitioner :- Abhishek Mishra,Subhash Chandra Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Rajan Roy, J.
Hon'ble Brij Raj Singh, J.
1. Heard learned counsel for the petitioner and the learned
Standing Counsel for opposite parties.
2. Contention is that in violation of temporary injunction by an
order passed by the court below in Regular Suit No.565 of
2017, Syed Haseen Ashraf Vs. Omkar, opposite party no.4 has
demolished the property, which is subject matter of the Suit
illegally.
3. We fail to understand as to how writ petition under Article
226 of the Constitution of India is maintainable at this stage
when the Suit proceedings are still pending. Whatever reliefs
including restitution or restoration is being sought, should be
prayed in the Suit proceedings itself.
dismissed
4. Writ petition is accordingly with caution to the
petitioner and his counsel not to prefer such petitions in future.
.
(Brij Raj Singh, J.) (Rajan Roy, J.)
Order Date :-25.10.2024
Rao/-
Digitally signed by :-
CHEBROLU SRINIVASA RAO
High Court of Judicature at Allahabad,
Lucknow Bench