Court No. - 40
Case :- WRIT - C No. - 28630 of 2021
Petitioner :- Sant Vijay Singh
Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Order on Civil Misc. Impleadment Application No. Nil of 2021 Impeadment Application filed by Sri Dheeraj Singh, who is also one of the defendant in the suit, is allowed.
Order on the petition It transpires that Original Suit No. 2342 of 2018 has been instituted by the sixth respondent against the petitioner in respect of the property in question which is pending before the competent court and order of injunction has also been passed directing the parties to maintain status quo. It appears that there was some threat to peace and tranquility on the spot on account of which the local police has put a lock on the house of the petitioner. The action taken by the police authorities to put lock on the petitioner's house is assailed on the ground that in extreme winter the petitioner is forced to stay out of his house in open and even domestic animal etc. are tied within the house itself.
Taking note of such contention, we called upon learned Standing Counsel to obtain instructions in the matter. The instructions have been received, as per which, there was a threat to peace on the spot and, therefore, proceedings under Section 107/116 CrPC were undertaken on 10.10.2021. According to police authorities, they have only tried to enforce the order passed by the trial court. As per the instructions, the petitioner is trying to change the nature of the suit properties which necessitated the action by the local police.
Learned counsel for the petitioner states that petitioner shall not alter the status quo and neither any construction would be raised nor any demolition etc. would be carried out.
In the facts of the case, since the parties are already contesting the matter before the civil court, wherein an order of status quo has already been passed, we do not approve the action of the police authorities to put lock on the petitioner's house. Since an order of status quo is already operating, we provide that the petitioner shall be put back in possession and for such purposes the police authorities shall remove their lock forthwith.
None of the parties, however, shall change the nature of the suit property and the injunction granted by the competent civil court for maintenance of status quo would be respected by both the parties.
Leaving it open for the civil court to resolve the matter in accordance with law, expeditiously, we dispose off this petition.
It is also provided that no adjournment would be granted to either of the parties in the pending suit and all endeavours would be made to conclude it expeditiously. The police authorities shall be at liberty to ensure peace and tranquility on the spot in accordance with law.
Order Date :- 20.12.2021 VMA