Court No. - 38
Case :- WRIT - C No. - 38680 of 2018 Petitioner :- Krishna Prasad Dwivedi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Pramod Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State- respondents.
By means of this writ petition the petitioner has come up to this Court with the allegation of violation of interim injunction granted in favour of the petitioner against respondents no.7 and 8 in Suit No.855 of 2016 (Krishna Prasad Dwivedi Vs. Smt. Sampatiya and another) .
It is to be noted that if any interim order is violated the petitioner can approach the civil court under Order XXXIX Rule 2-A of CPC.
Learned counsel for the petitioner has relied upon a judgment of this Court in the case of Hari Om Rastogi and another Vs. State of U.P.through its Secretary Home Lucknow and others, reported in 2012 (115) RD 728, in which the High Court has held that if there is any injunction order, the executive authorities are obliged to see that the said injunction is not violated by any individual.
In the present case, it is to be noted that whether the construction being raised is on the same land or not is a question of fact, which can be gone only by the court. Since the petitioner has already a remedy of filing an application under Section XXXIX Rule 2-A CPC, we are not inclined to interfere with the same.
The writ petition lacks merit and it is, accordingly, dismissed.
Order Date :- 27.11.2018 SKM
(Vivek Varma,J.) (Abhinava Upadhya,J.)