Court No. - 3
Case :- WRIT - C No. - 57476 of 2012 Petitioner :- Chaman Prakash And Others Respondent :- State Of U.P. Thru Secy. And Others Counsel for Petitioner :- Vinod Sinha,Mahesh Sharma Counsel for Respondent :- C.S.C.,Sharad Mandhayan
Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Arvind Kumar, Advocate holding brief of Sri Mahesh Sharma, learned counsel for the petitioners and Sri Suresh Singh, learned Additional Chief Standing Counsel appearing for the State respondents.
By means of this writ petition petitioners have come to this Court challenging the notice dated 15.10.2010 issued by the Superintendent of Police, Gautam Budhh Nagar/respondent no.3 to the petitioners.
The contention of the learned counsel for the petitioners is that the father of the petitioners was purchased the land in question from respondent no.4 by registered sale deed . Thereafter proceedings under Section 145 CrPC was drawn by respondent no.4. However, after hearing the parties the attachment was withdrawn. Thereafter, a civil suit was filed by the petitioners and an injunction was granted in favour of the petitioners on 24.05.2012. During the continuation of the injunction order a notice has been issued by respondent no.3 on 15.10.2012 to the petitioners to produce the original deeds.
The contention of the learned counsel for the petitioners as long as injunction is in their favour no such notice can be issued by respondent no.3 and that the said respondent does not have any jurisdiction to issue such notice.
Considering the aforesaid, this Court granted interim relief and stayed the operation of the said notice dated 15.10.2012.
Learned Additional Chief Standing Counsel has submitted that the matter is of the year 2012 and thereafter during pendency of the writ petition no fresh notice has been issued but he has failed to point out under which provisions of law the notice has been issued.
In view of the aforesaid and also the fact that the matter is pending before the civil court, respondent no.3 has no authority to issue any notice to the petitioner to produce the original sale deed and, therefore, we set aside the impugned order dated 15.10.2012 by allowing the writ petition.
It is made clear that we have not adjudicated the merits of claim which was subject matter of the proceedings before the civil court.
Order Date :- 25.2.2019 Shahroz (Dr. Y.K. Srivastava,J.) (Pankaj Kumar Jaiswal,J.)