Court No. - 4 Case :- WRIT - C No. - 36009 of 2010 Petitioner :- Jiledar Respondent :- Civil Judge S.D. Jaunpur And Others Petitioner Counsel :- M. Sarwar Khan Respondent Counsel :- C.S.C.,Anuj Kumar Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
Despite service of notice, no one is present on behalf of respondents
no. 2 & 3 even in the revised list.
In view of the peculiar facts and circumstances, the writ petition is
being disposed of without calling for a counter affidavit.
Facts are that plaintiffpetitioner filed a suit for permanent injunction
to restrain the defendantrespondents from interfering in his use and
occupation of the suit property and not to demolish the standing
construction. An application for temporary injunction was also moved.
The trial court did not grant any temporary injunction and only issue
notices fixing 1.7.2010 for objection and disposal of the temporary
injunction matter. Aggrieved, the petitioner has approached this Court
by filing instant writ petition.
When the matter was presented on 21.6.2010, the Court directed to
put the matter on 6.7.2010 and till then statusquo in respect of the
suit property be maintained.
Today when the matter has been taken up a supplementary affidavit
has been filed indicating that when the order of the court was brought
on record of the trial court on 1.7.2010 the court instead of
proceeding to dispose of temporary injunction matter only took the
order on record and has not even fixed any further date. From a
perusal of the order dated 1.7.2010 filed along with supplementary
affidavit, there appears to be force in the submission.
It has been vehemently contended by learned counsel for the
petitioner that Pradhan of the Gaon Sabha is forcibly trying to
demolish the boundary wall and standing construction. It has also
been pointed out that in case the petitioner is an unauthorised
occupant proceeding under Section 122B of U.P.Z.A. & L.R. Act
ought to have been undertaken and he could not be evicted by use of
force.
Considering the facts and circumstances, the writ petition stands
disposed of with the direction to the Civil Judge (Junior Division),
Jaunpur to decide the temporary injunction matter in O.S. No. 530 of
2010 in accordance with law after notice and opportunity of hearing
to all concerned within a period of six weeks from the date of
production of a certified copy of this order before him.
Till disposal of the temporary injunction application as directed
aforesaid, parties to the writ petition are directed to maintain status
quo with respect to nature and possession of the suit property as it
exists today.
Subject to aforesaid directions, the writ petition stands finally
disposed of.
Order Date :- 7.7.2010
nd