RAM MURAT Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed with a prayer to issue mandamus commanding the Respondent Nos. 1 to 4 to take action and to maintain law and order in accordance with law in compliance of the judicial orders passed by Civil Court from time to time and to restore possession of the Petitioner over the land in question by demolishing construction raised by Respondent Nos. 5 to 8 and his associates.

(2.) The admitted position is that there is a civil suit pending before the appropriate Civil Court for injunction, wherein the Petitioners have obtained an order of injunction. It is also an admitted fact that they have filed an application under Order XXXIX, Rule 2A of the Code of Civil Procedure for disobedience or the breach of the order of injunction. Having all sorts of remedies available to them and in spite of filing civil suit as well as application for injunction, the writ petition has been filed before this Court to obtain similar order as would be passed by Civil Court.

(3.) Learned Counsel appearing for the Petitioners has relied upon two orders passed by two Division Benches of this Court in Writ C. No. 3551 of 2010 (Savitri Devi v. State of U.P. and Ors.) decided on 10.2.2010 and a consequential order dated 19.2.2010. Such writ petition is pending and the Court had directed the concerned Deputy Superintendent of Police to ensure that the injunction order, which has been passed by the Civil Court, be complied with.