Allahabad High Court

SADANAND GUPTAversusSTATE OF U.P. AND 4 OTHERS

Decided: 16 September 2026
Bench: SIDDHARTH NANDAN AJIT KUMAR

Holding

The Court held that the petitioner should obtain execution of the injunction decree in accordance with law.

Summary

Petitioner Sadanand Gupta filed a writ petition alleging that the State of U.P. and four others interfered with his peaceful possession and restrained him from constructing on land for which he holds a decree of permanent prohibitory injunction. The petitioner claimed non‑compliance with the injunction decree. The Court observed that any grievance regarding non‑compliance must be addressed by seeking execution of the injunction decree in accordance with law. No further relief was granted, and the petition was sent to the records for appropriate action. The matter was thus not decided on merits but referred for execution proceedings.

Issues considered

Whether the petitioner is entitled to relief for alleged non‑compliance with a decree of permanent prohibitory injunction
Whether the appropriate remedy is execution of the injunction decree

Subjects

injunction
execution of decree
peaceful possession
construction restriction
civil procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 37352 of 2026

                                    Sadanand Gupta
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 4 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)       : Dheeraj Kumar Yadav, Jagadamba
                                                                      Gupta, Naveen Kumar Mishra
                                    Counsel for Respondent(s)       : C.S.C.

                                    Court No. - 1
                                                      HON'BLE AJIT KUMAR, J.
                                                      HON'BLE SIDDHARTH NANDAN, J.

                                    Petitioner is aggrieved by the act and conduct of the respondents in
                                    interfering in peaceful possession of the petitioner and also respondents
                                    are restraining the petitioner from raising construction over and above the
                                    land in respect of which petitioner has already enjoying a decree of
                                    permanent prohibitory injunction.

                                    In our considered view, if petitioner is aggrieved for non compliance of
                                    the injunction decree, he should get the injunction decree executed in
                                    accordance with law.

                                    Subject to aforesaid liberty, this petition is consigned to records.



                                                                      (Siddharth Nandan,J.) (Ajit Kumar,J.)
                                    September 17, 2026
                                    Atmesh




Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad

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