Court No. - 4 Case :- WRIT - C No. - 830 of 2010 Petitioner :- Rama Shanker Singh Respondent :- Yashwant Singh & Ors. Petitioner Counsel :- Vishnu Gupta,D.P. Singh Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
Notices were issued to the defendantsrespondents on the temporary
injunction application fixing 9.8.2009.
It is contended that when the Commissioner went to execute the
commission they refused to accept the notice and have not put in
appearance and on the other hand, they are proceeding with the
construction over the land in dispute, which would frustrate the entire
purpose of filing the suit.
From a perusal of the record, primafacie there appears to be force in
the submission and the matter needs scrutiny.
Issue notice to the respondents, who may file counter affidavit.
Steps be taken by registered post within ten days.
Office shall issue notices returnable at an early date.
List for admission after service of notice on the respondents.
Considering the facts and circumstances, parties to the writ petition
are directed to maintain statusquo with respect to nature and
possession over the land in dispute as it exists today. Both the
parties are also restrained from alienating or transferring the land in
dispute.
It i made clear that this order shall not stand in the way of the trial
court in proceeding with the disposal of the temporary injunction
application.
Order Date :- 11.1.2010
nd