Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4724 of 2019 Petitioner :- Kailash Nath Respondent :- Gayatri And 2 Others Counsel for Petitioner :- Ram Milan Mishra
Hon'ble Vivek Kumar Birla,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioners and perused the record.
Present petition has been filed with prayer to direct the respondents/defendants not to raise any constructions over the disputed land and rasta during the pendency of the temporary injunction of the petitioner filed in Original Suit No. 470 of 2019. A further prayer is made to direct the Civil Judge (Junior Judge), Shahganj Jaunpur to decide the temporary injunction application of the petitioner dated 6.4.2019 (paper no. 6Ga) filed in the said suit.
This Court has already issued a Circular Letter dated 16.8.2017 for deciding interim injunction application, which is quoted as under:
"Through Registered Post/E-mail From, Mohd. Faiz Alam Khan, HJS, Registrar General, High Court of Judicature at Allahabad.
To, All the District & Sessions Judges, Subordinate to the High Court of Judicature at Allahabad.
C.L. No. 24/Admin. 'G-II' Dated: Allahabad 16.08.17 Sub: Time bound disposal of interim injunction application. Madam/Sir Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the order sheet.
I am, therefore, directed to request you to circulate the instant direction amongst all the Judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit.
Yours faithfully, Sd/-
(Mohd. Faiz Alam Khan) No. /Admin.'G-II' Dated: Allahabad 2017.
Copy forwarded for information and necessary action to:
1. The Registrar, High Court of Judicature at Lucknow Bench, Lucknow.
2. P.S. to all the Hon'ble Judges at Allahabad and also at Lucknow Bench, Lucknow to place the same before their Lordships for kind perusal.
3. The Director, Judicial Training & Research Institute, Gomti Nagar, Lucknow.
4. All the Judicial Officers posted in the Registry in Allahabad High Court and Lucknow Bench, Lucknow.
5. The Member Secretary, U.P. State Legal Services Authority, III floor, Jawahar Bhawan, Annexe Lucknow.
6. Section Officer, Admin. 'H' Section for compliance of guard file."
(Emphasis supplied) As such no further direction is required for disposal of interim injunction application.
It is expected that the Court below shall follow the directions as noted above in its letter and spirit.
In the supplementary affidavit it has been categorically stated that no information regarding the next date fixed by the trial Court has been received. The order sheet indicates that the last date fixed was 26.5.2019. Attention was drawn to annexure 5 to the petition to indicate that the materials for construction has been collected on the spot. Apprehension is that during summer vacations the other parties may raise constructions.
In such view of the matter, without going in the merits of the claim of the petitioner, it is provided that during the next date fixed by the trial Court for consideration of interim injunction application parties shall maintain status quo over the land and rasta in dispute.
It is made clear that this protection is granted only till next date fixed by the trial Court and shall not be treated as any kind of observations by this Court in favour of the petitioner.
With the aforesaid observations, present petition stands disposed of. No order as to costs.
Order Date :- 31.5.2019 Abhishek