Hon'ble Yogendra Kumar Sangal,J.
1. Heard parties counsel and perused record.
2. Grievance of the petitioners is that respondent No.3 and 4 are encroaching over the petitioners' land situated in Naka Hindola, Lucknow. With the use of muscle men they are raising construction in such a manner which shall amount encroaching over the petitioners' house. It has also been submitted that the petitioners have filed Regular Suit No.139 of 2009 in which ON 2.1.2010, the trial court has granted injunction. Operative portion of the order dated 2.1.2010, passed by the learned Civil Judge (Jr. Div.), North, Lucknow in Regular Suit No.139 of 2009, is reproduced as under:
"आदेश पाथरना-पत ग-६ सवीकार िकया जाकर असथायी िनषेधाजा इस आशय की जारी की जाती है िक पितवादीगण िववािदत दक े मेनट िसथत भवन स० ु ान एवं बस ं २७८/११७ए नाका िहणडोला ऎशबाग, लखनऊ िजसका समपूणर ् िववरण वादपत के परै ा २० मे विणरत है, पर वादीगण के शांतीमय िकरायेदारी अधयासन मे दौरान वाद न तो अवध ै रप से हसतकेप करगे े और न ही िविधक पिकया अपनाये िबना े खल करगे े। पतावली वासते जवाबदावा एवं तनकी उनहे बद िदनांक २८.१.१० को पेश हो।
3. Submission is that in spite of injunction granted by the trial [2] court the private respondents who belong to political party in power of the State Government of U.P, are interfering with the possession of the petitioners over the land in question.
4. In case trial court has granted injunction, the action of the respondents to violate temporary injunction seems to be not sustainable. It is the duty of the district authorities to enforce injunction. It has also been stated that the representation has been submitted by the petitioners to the Deputy Inspector General of Police/Senior Superintendent of Police, Lucknow, but it has not been taken into account to enforce the injunction.
5. It has been the settled by this Court while passing order dated 9.3.2010, reported in 2010 (28) LCD 637: Mohd. Hamja. Vs. Addl. Civil Judge, (SD) Lucknow and another, that trial court has got ample power to enforce its order in pursuance of provisions of Section 151 CPC. In case injunction granted by the trial court, is not complied with, the trial court can direct the Deputy Inspector General of Police/Senior Superintendent of Police to get the injunction order implemented in letter and spirit and also direct to maintain status quo ante, by passing appropriate order. It shall be lawlessness and creating chaos in the society, in case the orders of the courts are not complied with for any reason whatsoever whether on political pressure or inaction on the part of the administration. The Deputy Inspector General of Police/Senior Superintendent of Police, Lucknow should look into the matter.
6. Liberty is given to the petitioner to move appropriate application before the trial court under Section 151 CPC within three days. The application shall be heard by the court concerned within next three days keeping in view the urgency in the matter. In case the court is not available, the District Judge shall send the matter to other link Magistrate to pass appropriate order keeping in view the observations made hereinabove.
[3]
7. In the meantime, the Senior Superintendent of Police/Deputy Inspector General of Police, Lucknow shall ensure that no harm is caused to the petitioner by the respondents in any manner whatsoever in violation of injunction granted by the trial court.
8. Since we have not entered into the merit of the controversy, the issuance of notice to respondent No.3 and 4 is dispensed with.
9. The writ petition is accordingly disposed of.
10. A certified copy of this order be given to petitioners counsel by tomorrow on usual charges.
[ Justice Devi Prasad Singh ] Order Date :- 17.6.2010 Rajneesh) [Justice Yogendra Kumar Sangal]