Petitioner withdrew writ petition challenging temple encroachment, citing lack of alacrity by lower court. Court allowed withdrawal with liberty to her husband to seek stay vacation in pending suit.
Writ petition dismissed as withdrawn with liberty to petitioner's husband to seek vacation of stay order in the pending civil suit.
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Date of Decision: 13.3.2018
PUBLIC GRIEVANCE COMMISSION AND ORS...... Respondent Through: Mr. Jawahar Raja, ASC with Mr. Chinmay Kanojia, Adv. for R-1, 2, 4, 5, 6 & 7.
Mr. Ram Kumar, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
RAJIV SHAKDHER, J. (ORAL)
CM No.9498/2018
W.P.(C) 2289/2018
W.P.(C) No.2289 of 2018
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Rohini, for permanent and mandatory injunction, which was dismissed vide judgment dated 28.11.2015.
4.1 The record also reveals that via an ex parte order dated 9.8.2017 which has been passed in the said suit the defendants, therein, which includes, the Public Grievance Commission, Public Works Department and the petitioner's husband have been directed to maintain status quo vis-a-vis the subject property, which is a temple.
6.1. I am also informed that the petitioner’s husband has filed an application under Order 39 Rule 4 of the Code of Civil Procedures, 1908 for vacating the interim order dated 9.8.2017, passed in Suit No.868/2017.
6.2. The gravamen of the petitioner’s case in the writ petition, though, is that subject temple is built on the Government land. An aspect which, in my view, can be raised, if necessary, in respondent no.8’s suit as well.
W.P.(C) No.2289 of 2018
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RAJIV SHAKDHER, J
MARCH 13, 2018 /pmc
W.P.(C) No.2289 of 2018
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2 issues framed by the court
Whether to allow the withdrawal of the writ petition suable before the appropriate civil court regarding a temple property dispute.
Whether to grant liberty to the petitioner's husband to seek vacation of stay in the pending suit.
Smt. Rekha Kushwaha
Public Grievance Commission
Respondent No.8/Sh. Chander Kant
Rajiv Shakdher
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
