LUCKNOW vs State Of U.P. Thru. Prin. Secy. Home Sectt. Lko.

the State-respondents, Ms. Aprajita Bansal, learned counsel for respondent no.6 and Sri Devesh Kumar, Advocate, who has filed his Power today on behalf of respondent no.7, which is taken on record.

2. This petition has been filed with the following main reliefs: "(i). Issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite parties specially opposite party no.2 and 3 to provide force of not less than 4 personnel civil police for 48 hours only on cost of petitioners for security and safety of the person and property and further peaceful operation of retail outlet petrol pump namely M/s Hamara Pump Om Sai Fuels, situated at Village- Saray Sahzadi, Kati Bagia, Banthara, District- Lucknow, so that untoward incident could be taken place. (ii). Issue a writ, order or direction in the nature of Mandamus thereby commanding opposite parties no.4 and 5 to keep on patrolling on the public road to maintain peace and tranquility in the nearby area around retail outlet petrol pump situated within Police Station Banthara, Lucknow. (iii). Issue a writ, order or direction in the nature of Mandamus thereby commanding and directed the competent authority including opposite party to consider and decide no.2 and 3 22.08.2025/26.08.2025 at an early date in accordance to law." representation dated 2 WRIC No. 8893 of 2025

3. It is the case of the petitioners that the petitioners are running a Petrol Pump by the name of M/s. Hamara Pump Om Sai Fuels, situated at Village Saray Sahzadi, Kati Bagia, Banthara, District Lucknow, which was allotted by the Company to petitioner no.1 and the petitioner no.2 is the sub-dealer with 25% share. The petitioners had earlier approached this Court in Writ-C No.6206 of 2025, praying for a mandamus to be issued to the respondents restraining them from creating any hindrance in the running of the retail outlet, and for a direction to the District Magistrate, Lucknow and Station House Officer, Police Station Banthara, Lucknow, to ensure that respondent no.7 and her relations may not disturb the peaceful running of the Petrol Pump and that they should be punished for unlawfully digging the approach road to the Petrol Pump and the respondents, especially the Station House Officer, Police Station Banthara, Lucknow, be directed to provide 24 hours paid police security for peaceful running of the retail outlet. This Court disposed of the said writ petition after hearing learned counsel for the parties on 2.7.2025.

4. We have gone through the order dated 2.7.2025 passed by this Court in Writ-C No.6206 of 2025, which is being quoted hereinbelow: "Heard. There appears to be a private dispute between the petitioner and opp. party No. 7. Opp. party No. 7 is owner of the land and the lessor, who had executed a lease-deed in favour of the petitioner for running a Petrol Pump. A civil suit is pending for cancellation of lease/rent-deed having been filed by the opp. party No. 7. On account of apprehension of breach of peace and for maintenance of law and order the opp. party No. 5 has initiated proceedings against both the parties under Sections 126/135, B.N.S.S. 2023. Apart from it, both the parties have lodged the F.I.R. and after investigation chargesheet has been filed against both of them. The petitioner alleges interference by opp. party No. 5. We dispose of this petition with the observation/direction that the opp. party No. 5 shall interfere in the matter only if there is a law and order problem, apprehension of breach of peace, apprehension of commission of any crime or it has actually been committed or there is order of any court to be complied or there are other valid grounds in any law/statue for their interference, and not otherwise, i.e., he shall not enter into civil dispute 3 WRIC No. 8893 of 2025 between the parties. The writ petition is accordingly disposed of."

5. It is the contention of petitioners' counsel that prior to filing of Writ-C No.6206 of 2025, one of the accused Vikas Patel son of Rakesh Kumar, in collusion with the local police had lodged an FIR on 26.3.2025 at Case Crime no.141 of 2025 against the petitioners and a cross FIR was also lodged on behalf of petitioner no.3 against four sons of Vimla Devi, respondent no.7. All sons of respondent no.7 are local Mafia and they have been helped by Station House Officer, Police Station Banthara, Lucknow and, therefore, the petitioners have approached this Court again after the representations of the petitioners have not been decided by Commissioner of Police, Lucknow and the District Magistrate, Lucknow.

6. Learned counsel for respondent no.7 has submitted that there are two Civil Suits against the petitioners in the court of Civil Judge (Senior Division), Hawali, Lucknow and Civil Judge (Junior Division), Hawali, Lucknow; one is for payment of arrears of rent and the other is for cancellation of lease deed. The said Suits are pending.

7. Learned Standing Counsel has placed before this Court the instructions sent by the Sub Inspector, Police Station Banthara, District Lucknow, wherein it has been stated that both the parties have been at loggerheads for long and proceedings were initiated under Section 126/135 of B.N.S.S., 2023 against them to maintain law and order and no interference is being made by the police otherwise in the running of the Petrol Pump. The said instructions are taken on record.

8. The writ petition is disposed of with a direction to the petitioners to approach the Civil Court for a permanent injunction against the respondents in case they stop or in any manner, interfere in the peaceful running of the Petrol Pump. September 10, 2025 Sachin (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench

the State-respondents, Ms. Aprajita Bansal, learned counsel for respondent no.6 and Sri Devesh Kumar, Advocate, who has filed his Power today on behalf of respondent no.7, which is taken on record.

2. This petition has been filed with the following main reliefs: "(i). Issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite parties specially opposite party no.2 and 3 to provide force of not less than 4 personnel civil police for 48 hours only on cost of petitioners for security and safety of the person and property and further peaceful operation of retail outlet petrol pump namely M/s Hamara Pump Om Sai Fuels, situated at Village- Saray Sahzadi, Kati Bagia, Banthara, District- Lucknow, so that untoward incident could be taken place. (ii). Issue a writ, order or direction in the nature of Mandamus thereby commanding opposite parties no.4 and 5 to keep on patrolling on the public road to maintain peace and tranquility in the nearby area around retail outlet petrol pump situated within Police Station Banthara, Lucknow. (iii). Issue a writ, order or direction in the nature of Mandamus thereby commanding and directed the competent authority including opposite party to consider and decide no.2 and 3 22.08.2025/26.08.2025 at an early date in accordance to law." representation dated 2 WRIC No. 8893 of 2025

3. It is the case of the petitioners that the petitioners are running a Petrol Pump by the name of M/s. Hamara Pump Om Sai Fuels, situated at Village Saray Sahzadi, Kati Bagia, Banthara, District Lucknow, which was allotted by the Company to petitioner no.1 and the petitioner no.2 is the sub-dealer with 25% share. The petitioners had earlier approached this Court in Writ-C No.6206 of 2025, praying for a mandamus to be issued to the respondents restraining them from creating any hindrance in the running of the retail outlet, and for a direction to the District Magistrate, Lucknow and Station House Officer, Police Station Banthara, Lucknow, to ensure that respondent no.7 and her relations may not disturb the peaceful running of the Petrol Pump and that they should be punished for unlawfully digging the approach road to the Petrol Pump and the respondents, especially the Station House Officer, Police Station Banthara, Lucknow, be directed to provide 24 hours paid police security for peaceful running of the retail outlet. This Court disposed of the said writ petition after hearing learned counsel for the parties on 2.7.2025.

4. We have gone through the order dated 2.7.2025 passed by this Court in Writ-C No.6206 of 2025, which is being quoted hereinbelow: "Heard. There appears to be a private dispute between the petitioner and opp. party No. 7. Opp. party No. 7 is owner of the land and the lessor, who had executed a lease-deed in favour of the petitioner for running a Petrol Pump. A civil suit is pending for cancellation of lease/rent-deed having been filed by the opp. party No. 7. On account of apprehension of breach of peace and for maintenance of law and order the opp. party No. 5 has initiated proceedings against both the parties under Sections 126/135, B.N.S.S. 2023. Apart from it, both the parties have lodged the F.I.R. and after investigation chargesheet has been filed against both of them. The petitioner alleges interference by opp. party No. 5. We dispose of this petition with the observation/direction that the opp. party No. 5 shall interfere in the matter only if there is a law and order problem, apprehension of breach of peace, apprehension of commission of any crime or it has actually been committed or there is order of any court to be complied or there are other valid grounds in any law/statue for their interference, and not otherwise, i.e., he shall not enter into civil dispute 3 WRIC No. 8893 of 2025 between the parties. The writ petition is accordingly disposed of."

5. It is the contention of petitioners' counsel that prior to filing of Writ-C No.6206 of 2025, one of the accused Vikas Patel son of Rakesh Kumar, in collusion with the local police had lodged an FIR on 26.3.2025 at Case Crime no.141 of 2025 against the petitioners and a cross FIR was also lodged on behalf of petitioner no.3 against four sons of Vimla Devi, respondent no.7. All sons of respondent no.7 are local Mafia and they have been helped by Station House Officer, Police Station Banthara, Lucknow and, therefore, the petitioners have approached this Court again after the representations of the petitioners have not been decided by Commissioner of Police, Lucknow and the District Magistrate, Lucknow.

6. Learned counsel for respondent no.7 has submitted that there are two Civil Suits against the petitioners in the court of Civil Judge (Senior Division), Hawali, Lucknow and Civil Judge (Junior Division), Hawali, Lucknow; one is for payment of arrears of rent and the other is for cancellation of lease deed. The said Suits are pending.

7. Learned Standing Counsel has placed before this Court the instructions sent by the Sub Inspector, Police Station Banthara, District Lucknow, wherein it has been stated that both the parties have been at loggerheads for long and proceedings were initiated under Section 126/135 of B.N.S.S., 2023 against them to maintain law and order and no interference is being made by the police otherwise in the running of the Petrol Pump. The said instructions are taken on record.

8. The writ petition is disposed of with a direction to the petitioners to approach the Civil Court for a permanent injunction against the respondents in case they stop or in any manner, interfere in the peaceful running of the Petrol Pump. September 10, 2025 Sachin (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench