Court No. - 6
Case :- WRIT - C No. - 39024 of 2019 Petitioner :- Jitendra Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amish Kumar Srivastava,Suresh Kumar Srivastava Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
The grievance of the petitioner is that in a declaratory suit filed by him, an order of status quo was passed. This order of status quo has been violated. In this regard, a complaint has been made to the District Magistrate.
The petitioner seeks a direction commanding the District Magistrate to dispose of a complaint/application filed by the petitioner.
In case, an interim order, granted by the trial court in a declaratory suit has been violated, the remedy available to the petitioner is by means of an application under Order 39 Rule 2- A CPC.
In case, some sale deed has been executed regarding the suit property during the pendency of the suit, the same again would have to be subject matter of a suit for its cancellation.
The District Magistrate on the administrative side cannot deal either of these two matters and, therefore, the application that has been filed before him is entirely misconceived.
For the same reason, I do not consider it expedient to issue the mandamus prayed for.
Subject to the above, this writ petition is disposed of.
Order Date :- 29.11.2019 Mayank