Allahabad High Court

Kailash Nath v. Rakesh Kumar Moury, Sub Divisional Magistrate Payagpur Distt. Bahraich & Ors.

A227/3562/2026

Decision date
2026-06-25
Text availability
Full text
Judges
Subhash Vidyarthi

Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗

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Judgment text

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 3562 of 2026 Kailash Nath .....Petitioner(s) Versus Rakesh Kumar Moury, Sub Divisional Magistrate Payagpur Distt. Bahraich And 12 Others .....Respondent(s) Counsel for Petitioner(s) : Aakash Jaiswal Counsel for Respondent(s) : C.S.C. Court No. - 3 HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Akash Jaiswal, learned counsel for the petitioner and learned Additional Chief Standing Counsel appearing for the State-respondents. 2. It has been contended on behalf of the petitioner that an order of temporary injunction had been passed in favour of the petitioner in Regular Suit No. 1281 of 2023 by the court of learned Additional Civil Judge (J.D.), Bahraich. It has further been contended that when the private respondents made an effort to disobey the temporary injunction order, he filed an application before the court concerned and on that application, an order had been passed on 19.03.2025, thereby directing the police authorities to ensure that the temporary injunction order is complied with. 3. Learned counsel for the petitioner has submitted that inspite of the categorical directions issued by the competent Civil Court, private respondents are continuously raising construction on the disputed land, which amounts to patent violation of the temporary injunction order. 3. List/Put up this matter on 30.06.2026, in the list of fresh cases.

4. Learned Additional Chief Standing Counsel appearing for the A227 No. 3562 of 2026 2 State-respondents is directed to take categorical instructions in the matter and to ensure that private respondents may not be allowed to violate the temporary injunction order passed in Regular Suit No. 1281 of 2023. June 25, 2026 Lokesh Kumar (Manjive Shukla,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench