Court No. - 40
Case :- WRIT - C No. - 27902 of 2021 Petitioner :- Abdul Shakoor And 21 Others Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Pramod Kumar Sinha Counsel for Respondent :- C.S.C.,Brajesh Shukla
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 to 5 and Sri Brajesh Shukla, learned counsel for private respondents.
This petition is directed against an order dated 10th August, 2021 passed by the Sub-Divisional Magistrate, Shahbad, Rampur which records that the competent civil court in Original Suit No.85, 86 and 87 of 2019 pending before the court of Civil Judge (Senior Division), Rampur has passed order of injunction on 7th January, 2020 restraining the defendants or other assignees or agents from holding any market or shop on the land in question. The order of the Sub-Divisional Magistrate is directed to the concerned police station so that the peace and tranquility be maintained on the spot and the orders of the civil court are complied with. This order is challenged on the ground that administrative authorities have no jurisdiction to pass such an order. It is also stated that petitioner's are not the persons, who are defendants in the suit.
We have heard counsel for the petitioner and have perused the materials on record.
We find that the dispute in respect of the land in question is engaging the attention of the civil court and an order of injunction has been passed in three suits restraining the defendants from holding any Haat, Bazaar or Mela on the land in question. The impugned order of the Sub-Divisional Magistrate is in fact a communication to the police authorities to maintain peace and tranquility on the spot for the purposes of ensuring compliance of the orders passed by the civil court.
We fail to understand as to how such order could be treated as an order by the administrative authority dealing with any property. A direction to the police authorities to maintain peace and tranquility and for ensuring compliance of the order passed by the civil court is not liable to be interfered with by this Court. Remedy of the petitioner in the facts would be to appear before the competent civil court and contest the grant of injunction.
Writ petition is wholly misconceived and is dismissed.
Order Date :- 20.12.2021 Bhaskar