Madhya Pradesh High Court
Middle India Radhasoami Charitable ... vs Harru on 29 August, 2021
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 CONC-2277-2019
The High Court Of Madhya Pradesh
CONC-2277-2019
(MIDDLE INDIA RADHASOAMI CHARITABLE SOCIETY Vs HARRU AND OTHERS)
3
Jabalpur, Dated : 29-08-2021
Heard through Video Conferencing.
Shri Manoj Kumar Sharma with Ms. Nidhi Verma, learned counsel for
the petitioner.
Shri V.S. Choudhary, learned Panel Lawyer for the State.
Petitioner has filed I.A. No.6106/2021 for impleadment of private
respondents, Superintendent of Police and Collector of District Harda as
party in the case.
Learned counsel for the petitioner submitted that this Court has passed an order in M.P. No. 5640/2018 on 26.11.2018. By said order, parties were directed to maintain status quo in view of order dated 28.02.2013 passed in W.P. No. 3400/2012 and W.P. No. 3401/2012. It is submitted by the counsel for petitioner that status quo which was ordered by this Court has been disturbed by private respondents and they had entered into the property of petitioner and broke the fences. It is also complained that some of the private respondents had put the house of Sevadar on fire and petitioner is under apprehension that there is loss of life due to said fire. In these circumstances, petitioner has filed this application for impeading the private persons and district administration of Harda as party in the case.
Considering the facts and circumstances of the case, I.A. No. 6106/2021 is allowed.
Petitioner is directed to implead the private persons as well as police authority and district administration as party in the case within a period of three days.
Petitioner has also filed I.A. No. 6103/2021, by which petitioner wants to bring subsequent events on record and also seeks a direction to police as Signature Not well as district administration of Harda. SAN Verified Digitally signed by VINOD KUMAR TIWARI Date: 2021.08.29 12:34:54 IST 2 CONC-2277-2019 Due to violent activities of private respondents and non-extending of any help by police administration, petitioner has filed this application before this Court.
It is submitted by the counsel for the petitioner that earlier this Court has passed an order in W.P. No. 3400/2012 on 28.02.2013 and directed that if any party disobeys the order of status quo, the aggrieved party is granted liberty to move to trial Court and trial Court after taking totality of circumstances shall issue necessary order with regard to maintenance of status quo as ordered by this Court. If required, trial Court shall be at liberty to issue necessary directions to district administration and police authorities for the purpose of maintaining law and order and rights of the parties arising out of the order of status quo. After passing of said order, private respondents breached the order. The petitioner had filed an application before trial Court. On said application, First Civil Judge Class 1, Harda by its order dated 20.06.2013 gave directions to Collector as well as Superintendent of Police, Harda to maintain status quo on spot and further liberty was also granted to them to take legal actions to maintain the injunction orders.
Counsel for the petitioner submitted that again private respondents and some local leaders started interfering with the private property of petitioner. It is submitted that petitioner is in possession of said land since 1919. Counsel for the petitioner submitted that order of status quo was violated on 25.08.2021 and fencing of Middle India Radhasoami Charitable Society, Dayalbagh, Agra was broken, and rioters entered into the property of petitioner violating the order, and also the house of Sevadar. Though, police was present on spot but no action was taken by them to stop the rioters. In these circumstances, he makes a prayer to give direction to Superintendent of Police as well as District Magistrate, Harda to take immediate actions to protect the life and property of the petitioner society and maintain status quo as it was exited on 25.08.2021.
Signature Not In view of aforesaid, as an interim measure, Superintendent of Police, SAN Verified Digitally signed by VINOD KUMAR TIWARI Date: 2021.08.29 12:34:54 IST 3 CONC-2277-2019 Harda as well as District Magistrate, Harda are directed to take immediate action to maintain status quo as it existed on 25.08.2021 and to ensure that no danger to life and property of petitioner i.e. Middle India Radhasoami Charitable Society, Dayalbagh, Agra be caused.
Issue notices of the contempt petition as well as I.A. No. 6103/2021 on respondent No.1 as well as newly added respondents by ordinary as well as RAD mode, on payment of process fee within seven days.
Notices be made returnable within four weeks.
Registry is directed to list the matter in week commencing 04.10.2021.
C.C. today.
(VISHAL DHAGAT)
JUDGE
vkt
Signature
SAN Not
Verified
Digitally signed by
VINOD KUMAR
TIWARI
Date: 2021.08.29
12:34:54 IST