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SMT. GEETA JAISWAL versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Smt. Geeta Jaiswal v. State Of U.P. & Others - WRIT - C No. 26420 of 2007 [2007] RD-AH 10438 (5 June 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon.Shishir Kumar, J.

By means of the present writ petition the petitioner has approached this Court for a writ of mandamus directing the respondents not to raise any construction over the plot of the petitioner situated in Village Mundera Tehsil Chail, District Allahabad.

It has been submitted that the petitioner has filed a suit and an order of status-quo has been passed by Civil Judge (Senior Division), Allahabad. In spite of the aforesaid order of status-quo, the respondent Nos. 5 to 9 in collusion to the respondent No.1 to 3 are violating the order passed by the Court below and raised construction.  Therefore,  an order has been passed directing the respondents authorities to restrain the private respondents No.5 to 9 not to raise any construction.

I have heard learned counsel for the petitioner and have perused the record.

The petitioner has been granted an order of status-quo by the Court below where the suit is pending.  If the respondents are violating the order of injunction, the remedy provided to the petitioner is to file an application under Order 39 Rule 2A of the Civil Procedure Code.  The present writ petition under Article 226 of the Constitution of India is not maintainable.  In case, the order is not being followed by the authorities, the petitioner can approach the civil court by making an application stating all the facts regarding violation of the order of status-quo.

In the aforesaid circumstances, I am not inclined to interfere.  The writ petition is devoid of merits and is hereby dismissed.

No order as to costs.      

5.6.2007

SKD

W.P.No. 26420  /2007


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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