Court No. - 37
Case :- WRIT - C No. - 42026 of 2019 Petitioner :- Manoj Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Pandey,Sriprakash Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.
Heard Sri Sriprakash Tripathi, learned counsel for the petitioners and learned Standing Counsel for the State.
By means of this writ petition the petitioners are challenging the order dated 31.10.2019 passed by Tehsildar, Attara, District- Banda by which a direction has been issued to the parties to maintain status quo with regard to Araji No. 307 area 0.566 hectares situated in village Basrehi, Atarra district Banda.
Learned counsel for the petitioner submits that the Respondent Nos. 3 and 4 have filed a suit against the petitioners being suit No. 101 of 2019 which is still pending before Civil Judge (JD) Atarra, Banda. The suit is for permanent injunction. In the said suit notices have been issued but no injunction order has been passed and the date fixed is 20.2.2020. It is categorically stated that the subject matter of the suit is same plot No. 307 area 0.566 hectare. Upon application made by Respondent Nos. 3 and 4, the S.D.M., Attarra, District-Banda referred the matter to the Tehsildar, Attra. The Tehsildar has directed the parties to maintain status quo.
It is submitted by learned counsel for the petitioners that tehsildar has no power to issue such a direction. These directions can only be issued by a court of competent jurisdiction.
We have considered the submissions of learned counsel for the parties. Apparently the Tehsildar does not have any power to issue such a direction to the parties to maintain status quo in the capacity of his executive authority. As such, the order of the Tehsildar dated 31.10.2019 filed as Annexure-2 cannot be sustained and it is hereby quashed.
In case the private respondent Nos. 3 and 4 have any grievance against the petitioners then they can approach the competent civil court who has jurisdiction for redressal of their grievance.
The writ petition is allowed to the aforesaid extent.
Order Date :- 19.12.2019 Manish Tripathi (Ravi Nath Tilhari,J.) (Abhinava Upadhya,J.)