Allahabad High Court
Smt. Mithilesh Jain & Another vs State Of U.P. & Others on 2 July, 2010
Bench: Sheo Kumar Singh, Rajesh Chandra
Court No. - 36 Case :- WRIT - C No. - 49000 of 2009 Petitioner :- Smt. Mithilesh Jain & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Sankatha Rai,Dr. Vinod Kr. Rai,Vijay Kumar Rai Respondent Counsel :- C.S.C.,M.C. Maurya Hon'ble Sheo Kumar Singh,J.
Hon'ble Rajesh Chandra,J.
This writ petition has been filed with a prayer that the impugned order 9/10.7.2009 (Annexure-1) passed by the respondent no. 2 may be quashed.
It is contended by learned counsel for the petitioner that respondent no. 6 have filed original suit no. 258 of 2009 in the court of Civil Judge (Junior Division), Hawali, Varanasi along with the suit an application for temporary injunction was also moved which was rejected by the court below vide order dated 25.5.2009.
The petitioner has averted in the petition that no appeal was filed by Smt. Chamela Devi against the order dated 25.5.2009 thus the order has become final between the parties. He has further argued that the District Magistrate, Varanasi had given reference to the letter of the Member of Parliament ordering the Additional District Magistrate, Varanasi that action may be taken in the matter and till further orders status quo shall be maintained. His further contention is that District Magistrate has no authority to exercise the power of this jurisdiction.
We have heard the learned counsel for the petitioner as well as the learned standing counsel.
We are of the view that the order passed by the District Magistrate for maintaining the status quo is wholly unwarranted and without jurisdiction.
In these circumstances the aforesaid order dated 9/10.7.2009 is quashed.
The writ petition stands allowed accordingly.
Order Date :- 2.7.2010 Prabhat