High Court of Judicature at Allahabad
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Alauddin v. D.M. Azamgarh And Ors. - WRIT - C No. 6194 of 2000  RD-AH 19775 (22 November 2006)
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.
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