Court No. - 40
Case :- WRIT - C No. - 33171 of 2021 Petitioner :- Maa Shitla Mata Mandir Through Its President Baliram Respondent :- State of U.P. and Others Counsel for Petitioner :- Kundan Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Petitioner wants this Court to restrain private respondents from interfering with the management of the alleged temple and collection of donation to the deity.
It transpires that an original suit for injunction has already been instituted by petitioner in which the private respondents are defendants. A prayer has also been made for grant of initerim injunction. The suit admittedly is pending.
In the facts and circumstances, we are of the opinion that remedy of the petitioner would be to press his interim injunction application in the pending suit. A writ petition would not lie merely for grant of injunction when the matter is yet to be adjudicated by the Civil Court.
Writ petition, accordingly, is dismissed.
Order Date :- 20.12.2021 Ranjeet Sahu Digitally signed by VIKRAM D CHAUHAN Date: 2021.12.21 16:32:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by ASHWANI KUMAR MISHRA Date: 2021.12.21 16:33:41 IST Reason: Document Owner Location: High Court of Judicature at Allahabad