Allahabad High Court
WRIC/40307/2026 of SURENDRA KUMAR Vs STATE OF UTTAR PRADESH AND 9 OTHERS on 5 October 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 40307 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE GARIMA PRASHAD, J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State. 2. By means of the present writ petition filed under Article 226 of the Constitution of
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 40307 of 2026
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
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1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State.
2. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for the following substantial relief: "Issue a writ, order or direction in the nature of mandamus commanding the concerned respondent authorities or the police authorities to maintain peace and to prevent private persons from threatening, intimidating, forcibly obstructing lawful removal of garbage/debris and ordinary cleaning and maintenance of the existing site;"
3. It is admitted to the petitioner that there is already a civil suit pending between the parties.
4. Learned counsel for the petitioner submits that the said suit has been filed by the private respondent and an injunction application filed therewith has been rejected and yet the private respondent is creating nuisance.
5. Per contra, it is argued by the learned Standing Counsel that since it is a private dispute, the police shall not interfere in such matter.
6. In the given facts and circumstances, we consider it appropriate for the petitioner to move an application for injunction in the pending suit, as the Versus Counsel for Petitioner(s) : Anant Prakash, Saurabh Yadav Counsel for Respondent(s) : C.S.C. Surendra Kumar .....Petitioner(s) State Of Uttar Pradesh And 9 Others .....Respondent(s)
defendant can also pray for injunction in the suit filed by another person and, accordingly, we provide that in the event any such application is filed for temporary injunction by the petitioner in the pending suit, the same shall be considered and disposed of within a period of two months from the date of its production after giving opportunity of hearing to all the respective parties.
7. Subject to the aforesaid direction, the writ petition is disposed of. October 6, 2026 Kuldeep WRIC No. 40307 of 2026 2 (Garima Prashad,J.) (Ajit Kumar,J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad