Allahabad High Court
Rishpal Singh vs State Of U.P. And Others on 19 July, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 4 Case :- WRIT - C No. - 41189 of 2010 Petitioner :- Rishpal Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Sanjay Srivastava Respondent Counsel :- C.S.C. Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioner.
In the suit for injunction filed by the petitioner, trial court granted temporary injunction. The defendantrespondents went up in appeal which has been allowed.
It is contended by learned counsel for the petitioner that the petitioner purchased the property from the respondent no. 5 and the suit filed for cancellation of the sale deed has already been dismissed but ignoring this fact, the appeal has wrongly and illegally been allowed on the finding that the status of 'Bhumidhar' is that of tenant and as such, no injunction can be granted against the State authorities as the State is the owner of the property. It has further been contended that under the provision of U.P. Zamindari Abolition & Land Reforms Act, 'Bhumidhar' has all rights to enjoy the property including transfer.
Learned Standing Counsel representing the State respondents no. 1 to 4 may file counter affidavit within four weeks. Issue notice to respondent no. 5 who may file counter affidavit. Petitioner shall take steps to serve the respondents by registered post within ten days.
Office shall issue notices returnable at an early date. List for admission on the date fixed by the office in the notice. Until further orders of this Court, effect and operation of the order dated 10.02.2010 passed by the Additional District Judge, Rampur in Civil Misc. Appeal No. 22 of 2009 (Shivender Kaur vs. Rishpal Singh & others) shall remain stayed.
19.07.2010 VKS/ WP 41189/10