Petitioner sought writ to maintain status quo on disputed land during partition suit pendency. Court found petition infructuous after appeal filed on final trial order. Interim order vacated.
Writ petition disposed as infructuous; interim order vacated.
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Neutral Citation No. - 2024:AHC-LKO:48865-DB
Court No. - 3
Case :- WRIT - C No. - 2354 of 2024
Petitioner :- Ram Prakash And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Others Counsel for Petitioner :- Rama Pati Shukla Counsel for Respondent :- C.S.C.,D.S. Pandey,Manoj Kumar Mishra,Rajendra Kumar Misra,Varsha Pandey
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioners, learned Standing Counsel, who appears on behalf of the State-respondents, Sri Manoj Kumar Mishra,learned counsel, who has filed the intervention application and Sri Rajendra Kumar Misra, learned counsel, who appears on behalf of the respondent no. 5.
This writ petition has been filed with the following main prayers:-
"i. ISSUE, writ, order or direction in the nature of CERTIORARI quashing the order dated 13.02.2024 passed by the Opp. Part No.04/14 Contained in Annexure-01 to the writ petition declaring the said order null and void passed without authority of law.
ii. ISSUE , writ, order or direction in the nature of MANDAMUS commanding the opp. parties to maintain status-quo on the entire land, which is subject matter of the suit [Regular Suit No.1444 of 2023, Ram Prakash & Ors. Vs. Sita Ram & Ors.] during the pendency of the suit.
iii. ISSUE , writ, order or direction to the Opp. Party No.01 to conduct an enquiry by independent agency in respect of the conduct of the Opp. Party No.04/14 and appropriate action against him in accordance with law."
Learned counsel for the petitioners has pointed out to this court the interim order granted to him on 12-03-2024.
We have gone through the interim order. The interim order dated 12-03-2024 is being reproduced herein below :-
"1. Notice on behalf of respondent Nos.1 to 4 has been
accepted by learned Standing Counsel.
2. Shri D.S. Pandey, learned counsel, has put in appearance on behalf of respondent No.5 and filed counter affidavit in Court today which is taken on record.
3. Issue notice to respondent Nos.6 to 14.
4. Learned Standing Counsel prays for and is allowed four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
5. List thereafter.
6. Petitioners had initially filed a suit for partition in which injunction order was granted on 20.05.2023 by the revenue Court concerned. It was also clarified on the same day, providing that it is applicable only with regard to gata No.693. However, petitioner filed application for amendment in the plaint which was allowed on 31.05.2023 and in the same further gata numbers which were to be partitioned between the parties were also added, therefore, after 31.05.2023, the injunction order granted on 20.05.2023 is applicable with regard to all the gata numbers provided in the relief clause of the plaint. Therefore, the gata No.680 on which the private respondents are now trying to raise a construction are also covered by the same.
7. In view thereof, parties are directed to maintain the status quo with regard to gata nos.680, 764, 797gha, 796Ka, 786, 280 Kha and 281 ka situate at Village & P.O. Mahani, Pargana Akbarpur, Tehsil Bhiti, District Ambedkar Nagar which are to be partitioned between the parties."
It has been submitted by the learned counsel appearing on behalf of respondent no. 5 that this writ petition was filed with a limited prayer that the private respondents may not allowed to change the status of the property in dispute, which is the subject matter of the partition suit during pendency thereof.
This court has passed the order directing the private respondents to maintain status quo on the entire land, which is the subject matter of the suit. Now, Regular Suit No. 1444 of 2023, Ram Prakash & Ors Vs. Sita Ram and Ors, has been finally decided by an order dated 19-06-2024.
Learned counsel for the petitioners has pointed out that he has already filed an appeal against such an order alongwith application for interim relief, but,
because of pendency of the writ petition before this court, where there is an order of maintaining status-quo in favour of the petitioners, the appellate court has disposed of the application for the interim relief of the petitioners that the petitioners are already enjoying the interim order granted by the High Court.
We find from a perusal of the pleadings on record that indeed the petitioners' sole grievance was regarding the construction being raised by the private respondents on the land, which was in dispute in the partition suit.
The writ petition is disposed of as having become infructuous.
Since, the writ petition has been disposed of, the interim order granted earlier, stands vacated and it shall be open for the intervenor to remove his shuttering from the construction.
It is further provided that the petitioners shall make an appropriate application for interim relief before the appellate authority in the pending appeal within a week from today. If such an application is made, the same shall be considered by the appellate authority on it's own merits and appropriate orders be passed thereon within a period of three weeks thereafter.
Order Date :- 19.7.2024
AKS
Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
Ram Prakash And Others
State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Others
Sangeeta Chandra
Shree Prakash Singh
As recorded by the court registry
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