High Court of Judicature at Allahabad
Case Law Search
Sanjeev Kumar Shukla v. Nagar Palika Parishad & Another - WRIT - C No. 62962 of 2005  RD-AH 3459 (23 September 2005)
Hon'ble Anjani Kumar, J.
Heard learned counsel for the petitioner.
The petitioner-plaintiff, aggrieved by an order passed by trial court rejecting temporary injunction application, approached the lower appellate court. The lower appellate court maintained the order passed by the trial court and dismissed the appeal. Thus this writ petition.
Both the courts below have recorded finding that the place where the petitioner's kiosk is placed over public drain though it is submitted by learned counsel for the petitioner that it does not affect the flow of the drain and that the said kiosk has been placed by the petitioner with the consent of the defendants for which the petitioner is regularly paying Tahbazari charges. Both the courts have recorded finding that the petitioner has not been above to make out prima facie case in his favour. In these circumstances the application for injunction has been rejected.
Learned counsel for the petitioner has not been able to demonstrate that the order impugned in the present writ petition suffers from any error much less an error of law so as to warrant interference under Article 226 of the Constitution of India.
This writ petition has, therefore, no force and is accordingly dismissed.
mhu - 62962/05
Double Click on any word for its dictionary meaning or to get reference material on it.