IRSHAD Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner has moved this proceeding stating that he is a co-sharer in plots no. 177 and 178, situated in Mauja Katauli Buzurg, Pargana Devgaon, Tehsil- Lalganj, District Azamgarh.

(2.) The fourth respondent filed a suit before the Civil Judge (Junior Division), Haveli, Azamgarh (Original Suit No. 381 of 2014) in which the petitioner and the fifth respondents who are brothers have been impleaded as the first and second defendants, whereas respondents 6, 7 and 8 who are sons of the fourth respondent-plaintiff were also impleaded as defendants. The Civil Judge (Junior Division) did not grant any interim injunction but by an order dated 3 March 2014 issued notice and directed a spot inspection by a Commissioner. The petitioner has stated that on 9 March 2014, while he was carrying out construction on the portion of the land which has fallen to his share, the third respondent sought to raise an obstruction.

(3.) The grievance in these proceedings is that the third respondent, who is the officer Incharge of the Police Station, is now coercing the petitioner not to carry out any construction though the fourth respondent has failed to obtain an injunction before the Trial Court.