Quashed

Narvedeshwar Tripathi and 4 Others v. Collector Gorakhpur and 4 Others

Allahabad HC6 Dec 2018WRIC/1709/2014

Case brief

AI extract

What is this about?

The High Court quashed an order directing status quo on disputed land, holding that the authority lacked jurisdiction to intervene while a civil suit regarding the same property was pending before the civil court.

What did the court decide?

The impugned order dated 22.12.20173 passing on the margin of application moved by the respondent nos 45s before the respondent not on 22nd December 20173 order dated 22.12.2013 is hereby quashed.

Narvedeshwar Tripathi and 4 Others Vs Collector Gorakhpur… — Land Acquisition | Allahabad HC (2018)

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Court No. - 32

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Case :- WRIT - C No. - 1709 of 2014

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Petitioner :- Narvedeshwar Tripathi And 4 Others Respondent :- Collector Gorakhpur And 4 Others Counsel for Petitioner :- Arun Kumar Shukla,S.C. Varma,S.K. Singh

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Counsel for Respondent :- C.S.C.

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Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.

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List has been revised. Neither the learned counsel for the respondent No. 4 & 5, nor the learned counsel for the petitioner is present but learned Standing Counsel is present.

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Heard learned Standing Counsel and perused the record.

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By means of the present writ petition, petitioner has sought following reliefs:

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"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 22.12.2013 passed by Sub Divisional Magistrate Campierganj on margin of application moved by respondent 2nd set (contained in Annexure no.1 to this writ petition).

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(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to see that construction which are being made by the petitioners are not hampered nor hindrance is created in any manner whatsoever."

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From the perusal of the application dated 22.12.2013 submitted by the respondent nos.4 and 5 before the respondent no.2, it transpires that a civil suit was filed by the husband of the respondent nos.4 and 5 before civil Court with regard to the Arazi No.277 which is pending consideration.

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In the civil suit no injunction has been granted despite, the aforesaid fact the Sub Divisional Magistrate Tehsil Campierganj, District Gorakhpur-respondent no.2 on the aforesaid application, passed the impugned order directing the parties to maintain status quo on the spot, till definite order is not passed by the Civil Court.

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Since the subject matter is pending consideration before the civil Court, therefore the respondent no.2 was not competent

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authority to pass the order directing the parties to maintain status quo.

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In view of the above the impugned order cannot be sustained, hence the order dated 22.12.2013 is hereby quashed.

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The present writ petition is finally disposed of.

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Order Date :- 6.12.2018 JK Yadav

Narvedeshwar Tripathi and 4 Others v. Collector Gorakhpur and 4 Others

Case brief

What is this about?

What did the court decide?

Narvedeshwar Tripathi and 4 Others v. Collector Gorakhpur and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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