Allahabad High Court
WRIC/38678/2026 of RITESH KUMAR SINGH Vs STATE OF U.P. AND ANOTHER on 23 September 2026
OF JUDICATURE AT ALLAHABAD WRIT - C No. - 38678 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE GARIMA PRASHAD, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. Petitioner is aggrieved by the act and conduct of trespass committed by
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38678 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 learned Standing Counsel for the State respondents.
2. Petitioner is aggrieved by the act and conduct of trespass committed by the private parties.
3. It is submitted that the suit filed by the predecessor in interest of the private parties already came to be dismissed, against which an appeal was filed, which too was dismissed. It is sought to be contended that respondent No.2 has been approached in this regard for appropriate relief but no action has been taken.
4. Per contra, learned Standing Counsel for the State submits that if the petitioner is aggrieved by any act of interference or trespass being committed by the private parties or otherwise, the petitioner may file a suit for permanent prohibitory injunction. It is submitted that mere dismissal of the suit of the private parties does not itself in any manner deny the petitioner's right to institute a suit under Section 9 CPC.
5. In view of the above, we decline to grant any indulgence in the matter. However, liberty rests with the petitioner to file a suit, if so advised.
Versus
Counsel for Petitioner(s) : Anoop Bhaiya Lal Shukla Counsel for Respondent(s) : C.S.C. Ritesh Kumar Singh .....Petitioner(s) State of U.P. and Another .....Respondent(s)
6. Subject to the aforesaid, the writ petition is consigned to records. September 24, 2026 Kuldeep WRIC No. 38678 of 2026 2 (Garima Prashad,J.) (Ajit Kumar,J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad