Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the petitioner and learned Addl. Chief Standing Counsel for respondents.
2. By means of present writ petition, the petitioner has mainly prayed for following relief (s) :
"(i) Issue a writ, order of direction in the nature of mandamus commanding the opposite party No.2 to 6 to restore the possession of the petitioner over the land in dispute by constructing the Chhapper and installing hand pipe over the same, within stipulated time fixed by the Hon'ble Court.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the State authorities to pay compensation amounting to the tune of Rs.1,00,000/- to the petitioner, within stipulated time fixed by this Hon'ble Court.
(iii)...................
(iv)...................."
3. Learned counsel for the petitioner submits that respondent No.8 who is posted as Section Officer in Mining Department of the Secretariat of Government Of U.P. along with his brother has filed an original suit No.842 of 2011 on 20.12.2011 before the Civil Judge (Junior Division), Kunda, Pratapgarh for demolition and permanent injunction against the petitioner and others. In the plaint, respondents 8 and 9 have claimed that the defendants of the suit have raised construction over a public way. The trial Court vide order dated 4.10.2012 directed the parties to maintain status quo and not to raise any obstruction over the disputed rasta (path).
Petitioner's counsel further submits that under the influence of respondent No.8, district authorities had come on the spot and in spite of showing the order passed by learned Court below, they have proceeded to demolish/destroy the chhapper and hand pipe of the petitioner and also torn the interim order passed by the Civil Court.
4. On the other hand, learned Addl. Chief Standing Counsel on the basis of instructions as well as learned counsel appearing for respondent No.8 have disputed the facts of the case and submitted that once an application under Section 151 CPC has already been filed by the petitioner in the pending civil suit, present writ petition is not maintainable.
5. We have considered the submission(s) advanced by the parties. We are of the view that the petitioner has already filed an application under Section 151 CPC before the court below for redressal of his grievance. The trial Court has got ample power to enforce the injunction granted by it. For compliance of the status quo order, the petitioner has also the remedy of filing an application under Order 39 Rule 2-A CPC.
6. In view of the above, with the consent of the parties' counsel, the writ petition is disposed of with a direction to learned Civil Judge (Junior Division), Kunda, Pratapgarh to decide the application filed under Section 151 CPC along with any other application if filed under Order 39 Rule 2-A CPC, and pass appropriate orders, expeditiously, say within a period of two months from the date of receipt of an e-copy of this order, in accordance with law after hearing all the affected parties.
Order Date :- 12.1.2021 kkb/