Rajasthan High Court - Jodhpur
Smt. Nazma vs The Municipal Council,Churu & Anr on 3 January, 2018
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 67 / 2018
Smt. Nazma W/o. Shri Mohammad Iliyas Qureshi, Aged About 52
Years, By Caste Vyopari, Resident of Ward No. 15, Churu, Tehsil &
District Churu (Raj.)
----Petitioner
Versus
1. The Municipal Council, Churu Through the Commissioner,
Municipal Council, Churu, District Churu (Raj.), and
2. The Chairperson, Municipal Council, Churu, District Churu (Raj.)
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Chaitanya Gahlot
For Respondent(s) : Mr.Suniel Purohit &
Mr. Shailesh Agarwal
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 03/01/2018
1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India with the following prayers :-
"a) By an appropriate writ, order or direction, order dated 14.11.2017 (Annex.2) passed by learned District Judge, Churu in Appeal Order No.15/2017 (Municipal Council, Churu & Anr. Vs. Smt. Nazja) may kindly be quashed and set aside, so also affirming the order Annex.1 dated 06.10.2017 passed by the learned Civil Judge, Churu in Civil Misc. Case No.55/2017 (Smt. Nazma Vs. Municipal Council, Churu & Anr.), maintaining status quo as on the day of filing suit.
(2 of 3) [CW-67/2018]
b) Any other appropriate writ, order or direction which this Hon`ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
d) Writ petition filed by the petitioner may kindly be allowed with costs."
2. Admittedly, the dispute is pertaining to a chunk of land situated in Ward No.18, Churu measuring 194.05 Sq. Meters, which is 2088 Sq. Feet. The petitioner filed a suit for perpetual injunction alongwith an application under Order 39 Rule 1 & 2 CPC against the respondent-defendants, in which, an order was passed by the learned court below on 6.10.2017 allowing the application of temporary injunction restraining the respondents to interfere in possession, use and occupation on the plot in-question. Copy of order dated 6.10.2017 is Annex.1. The respondents preferred an appeal, in which an order was passed on 14.11.2017, whereby the application under Order 39 Rule 1 & 2 CPC was dismissed and the order dated 6.10.2017 was reversed.
3. Admittedly, the parties are contesting their claims over the property in-question. The respondents are executing a sewerage treatment plant worth Rs.114 Crores in the said area and the disputed portion of the land is being claimed as a part of their own land by the Municipal Council, Churu.
4. The impugned order at this stage does not call for any interference because it is a public project and the determination of ownership can be done only only with exhaustive adjudication in (3 of 3) [CW-67/2018] the civil suit concern, however, this writ petition is disposed of with the following directions :-
(a) Any usage of the property in dispute by the respondents shall not prejudice final adjudication of the suit in-question;
(b) In case the suit has been decided in favour of the petitioner, it shall be open for the respondents either to give away the property in-question or to pay appropriate compensation; and
(c) The observations made in this order shall not prejudice the case of petitioner and it shall be expected that the suit is decided expeditiously, preferably, within a period of one year from today.
(DR. PUSHPENDRA SINGH BHATI)J. Sanjay