Allahabad High Court
Smt. Durgawati Devi And Another vs Civil Judge (S.D.) Gorakhpur And 3 ... on 3 January, 2020
Author: Siddhartha Varma
Bench: Siddhartha Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- MATTERS UNDER ARTICLE 227 No. - 10021 of 2019 Petitioner :- Smt. Durgawati Devi And Another Respondent :- Civil Judge (S.D.) Gorakhpur And 3 Others Counsel for Petitioner :- Adya Prasad Tewari,Sheo Shankar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Siddhartha Varma,J.
Aggrieved by the excess acquisition which was being made by the State, the petitioners had filed a suit. Further, being aggrieved by the fact that certain constructions of the petitioners would be demolished, the plaintiffs had also filed an application for the temporary injunction.
It is the contention of the learned counsel for the petitioners that despite the fact that the State had now been represented through the District Government Counsel, the temporary injunction was not being decided. He has, by means of a supplementary affidavit, indicated that the next date fixed in the case is 29.1.2020.
Learned counsel for the petitioners submits that if by the next date fixed there is no protection granted to the petitioners, the suit property would be demolished.
Under such circumstances, now when the defendants have also put in appearance it shall be in the interest of justice that the application for temporary injunction filed in Original Suit No. 583 of 2019 (Durgawati Devi vs. State of U.P.) be decided within a period of two weeks from the next date fixed in the Suit.
For a period of one month or till the decision of the temporary injunction, whichever is earlier, status quo as of today shall be maintained.
With these observations, the writ petition is disposed of.
Order Date :- 3.1.2020 PK