Allahabad High Court
Smt. Saroja Devi vs District Magistrate / Collector ... on 18 June, 2010
Bench: Devi Prasad Singh, Yogendra Kumar Sangal
Court No. - 27 Case :- MISC. BENCH No. - 5888 of 2010 Petitioner :- Smt. Saroja Devi Respondent :- District Magistrate / Collector Sultanpur And Ors. Petitioner Counsel :- Suresh Chandra Srivastava Respondent Counsel :- C.S.C. Hon'ble Devi Prasad Singh,J.
Hon'ble Yogendra Kumar Sangal,J.
Learned standing counsel accepted notice on behalf of parties. No need to issue notice to the private parties.
Earlier a regular civil suit was filed by the petitioner and temporary injunction granted by the trial court. In case if injunction order has been violated, appropriate remedy is available to the petitioner to move an application under Section 151 C.P.C. In order passed in a case reported in 2010 (28) LCD 637 Mohd. Hamja vs. Additional Civil Judge (S.D.) LKO and others, identical controversy has been dealt with.
Accordingly, there is no ground to interfere in writ jurisdiction under Article
226. However, it is provided that in case any application is moved under Section 151 C.P.C. that shall be adjudicated by the trial court within one month in accordance with law.
Accordingly, writ petition is disposed of.
Order Date :- 18.6.2010 Rakesh