Court No. - 6
Case :- WRIT - C No. - 42757 of 2019 Petitioner :- Bhola Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Rakesh Kumar Upadhyay Counsel for Respondent :- C.S.C.,Harish Kumar Tripathi,Tariq Maqbool Khan
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner, counsel appearing for the caveator-respndent No. 11 and learned Standing Counsel for the State- respondents.
The writ petition arises out of a declaration suit under Section 229-B of the UP Zamindari Abolition & Land Reforms Act filed by the petitioner and seeks a writ of certiorari for quashing the order dated 28.09.2019 passed by the respondent No. 2 whereby a revision dismissing and affirming the order dated 09.12.2016 passed by the trial court.
It appears that on the suit being filed an order was passed directing the parties not to create any third party interest in the suit property. Subsequently and it is stated that several years later an application for modification of this order was filed by the respondent Nos. 7 to 10 on the ground that the interim order should be clarified / modified to not apply to them as no relief in the suit had been claimed against. On this application, the interim order was clarified. The consequential revision has been dismissed.
Assailing the orders, contention of counsel for the petitioner is that the plaintiff petitioner is an illiterate person and that he should have sought relief also against the respondents 7 to 10 which in fact was due to inadvertence not claimed.
Be that as it may, the argument raised does not improve the petitioners' case. An interim order which was made applicable to persons against whom no relief was claimed in the declaratory suit has been clarified.
I do not find any illegality in the impugned orders. It is settled legal position that an interim order in suit will normally apply only to the person who are contesting the matter or have an interest in the subject matter of the suit. The orders impugned are perfectly justified and call for no interference.
This writ petition is accordingly dismissed.
Order Date :- 20.12.2019 Priyanka