Over 2 lakh Indian cases. Search powered by Google!

Case Details

ALAUDDIN versus D.M. AZAMGARH AND ORS.

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Alauddin v. D.M. Azamgarh And Ors. - WRIT - C No. 6194 of 2000 [2006] RD-AH 19775 (22 November 2006)

 

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

WP NO. 6194 of 2000

HON'BLE YATINDRA SINGH, J.

HON'BLE AJAI KUMAR SINGH, J.

1. Respondent nos. 4 to 7 filed a suit for injunction. In this suit an application for temporary injunction was filed. It was rejected on 30.11.1999. Respondent nos 4 to 7 filed an appeal against this order which was allowed on 14.9.1999 and the case was remanded. The contesting respondent nos. 4 to 7  filed an application before respondent no. 1. Thereafter respondent nos. 1 and 2 passed an order on 22.1.2000 and 25.1.2000 requiring the petitioner to appear otherwise the wall would be demolished. Hence the present writ petition.

2. We have heard counsel for he petitioner and standing counsel for the respondents.

3. Respondent nos. 4 to 7 have  filed a suit in which their application for temporary injunction was rejected. It is correct that the appeal against this order was allowed. However, no injunction was granted by the appellate court. The appellate court has merely remanded the matter for redecision after issuing survey commission. In view of this, respondent nos. 1 and 2 had no jurisdiction to pass any orders. The orders dated 22.1.200 and 25.1.2000 are illegal and quashed. It will be open to the courts below to pass appropriate orders on the application filed by respondent nos. 4 to 7 without being influenced by any of the observations made in this order.

3. With these observations, the writ petition is allowed.

Date: 22.11.2006

SKS


Copyright

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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.