Court No. - 10
Case :- WRIT - C No. - 28581 of 2018 Petitioner :- Jagpal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Vikram Nath,J.
Hon'ble Daya Shankar Tripathi,J.
Heard learned counsel for the petitioner and Ms. Subhra Singh, learned Standing Counsel for the State-respondents.
According to learned counsel for the petitioner, there is an injunction granted by the Civil Judge, Junior Division-1st, Hapur vide detailed order dated 17th July, 2018 allowing the application for interim injunction and restraining the defendants from interfering in the possession of the petitioner. The submission is that despite the said injunction order and due applications having been moved before the Deputy Collector, Hapur and also the Superintendent of Police, Hapur, no heed is being paid, Station House Officer, Police Station, Babugarh, District- Hapur, at the instance of the defendants to the suit is continuously harassing the petitioner and causing interference in his peaceful possession. The representation addressed to the Superintendent of Police, Hapur has been filed as Annexure-5 to the petition and is dated 27th July, 2018 but the Superintendent of Police, Hapur has not taken any action so far on the said representation. It is further submitted that the injunction granted by the civil court is still continuing.
Considering the facts and circumstances of the case, we dispose of this petition with a direction to respondent no.2, Superintendent of Police, Hapur to examine the representation of the petitioner and in case any illegal interference is found by the Station House Officer, Police Station, Babugarh, District- Hapur, appropriate action may be taken against him and the Superintendent of Police, Hapur will further ensure that the order of the civil court is complied with in letter and spirit. Order may be passed within a week.
Order Date :- 24.8.2018 Ashutosh (Daya Shankar Tripathi,J.) (Vikram Nath,J.)