RAM JI Vs. STATE OF U.P
LAWS(ALL)-2017-5-427
HIGH COURT OF ALLAHABAD
Decided on May 23,2017

RAM JI Appellant
VERSUS
STATE OF U.P Respondents

JUDGEMENT

RITU RAJ AWASTHI,J. - (1.) Heard learned counsel for the petitioner and perused the records.
(2.) This writ petition has been filed seeking the following reliefs: (a) Issue a writ order or direction in the nature of mandamus restraining the State Government, District Administration and Police Rae Bareli from allowing the defendants to the suit (opposite party nos. 7 to 29 to the writ petition) or any member of muslim community to perform Namaj or any other function at the property in suit. (b) Issue a writ or direction in the nature of mandamus directing the State Government, District Administration and Police Rae Bareli to maintain law and order situation at the property in suit and to ensure the strict compliance of interim order/orders passed by learned Civil Judge (Junior Division)/F.T.C. Rae Bareli in R.S. 656/1994. (c) Issue a writ order or direction in the nature of mandamus appointing District Magistrate or any other officer of the State as receiver of the property involved in regular suit no. 656/1994 pending in the Court of Civil Judge (Junior Division) F.T.C. Rae Bareli directing to ensure that the property in suit is used by the defendants themselves or through their associates, workers, labourers, friends till the disposal of the suit. (d) Issue a writ order or direction in the nature of mandamus directing District Judge and Civil Judge, Junior Division (Court No. 21) Rae Bareli to direct their subordinate office to search the miscellaneous file of application dated 18.7.1995 filed under Order 39, Rule 2A and if necessary reconstruct the file. (e) Issue a writ order or direction in the nature of mandamus directing learned Civil Judge, Junior Division (Court No. 21) to decide pending applications filed in R.S. No. 656 of 1994 and to take appropriate action against concern persons for violating interim injunction order dated 24.5.1995 at the earliest/within the time provided by the Hon'ble Court. (f) Issue a writ order or direction in the nature of mandamus restraining private respondents from raising any construction over the property in suit and from using the property for mosque or for any other purpose till the disposal of the suit. (g) Issue any other writ order or direction as the Hon'ble Court may deem fit and proper to do complete justice in the case. (h) Allow the costs of the writ petition."
(3.) From the averments made in the writ petition as well as from the arguments raised by learned counsel for the petitioner, it appears that a suit for permanent injunction was filed by the petitioner in which the Court vide order dated 24.5.1995 had passed an interim order, restraining the opposite parties/defendants from raising construction over the land in question till 30.6.1995.;


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