Allahabad High Court
Liladhar And 8 Others vs Nagar Nigam Ghaziabad And 4 Others on 22 January, 2021
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- MATTERS UNDER ARTICLE 227 No. - 262 of 2021 Petitioner :- Liladhar And 8 Others Respondent :- Nagar Nigam Ghaziabad And 4 Others Counsel for Petitioner :- Anil Kumar Mehrotra,Srijan Mehrotra Hon'ble Prakash Padia,J.
Heard Sri A. K. Mehrotra, learned counsel for the petitioners and Sri H. R. S. Visht, learned counsel for the respondent no.1.
In view of the order proposed to be passed, notices need not go to the private respondents.
The petitioners have preferred present petition under Article 227 of the Constitution of India with the following prayer :-
"It is, therefore, Most Respectfully prayed that this Hon'ble Court be pleased to allow the instant Petition and be further pleased to issue the direction to the Respondent No. 3 to act in accordance with law and for ensuring the disposal of the application No.4C filed by the petitioners for the grant of interim injunction during the pendency of the aforementioned Misc. Appeal No. 34 of 2019 (annexed alongwith Annexure No. 6 to the petition) and be further pleased to issue the direction for maintaining the status quo upon the plots-in-question till the consideration of the application No. 4C filed in the aforesaid Misc. Appeal No. 34 of 2019 (annexed alongwith Annexure No. 6 to the petition) for the grant of interim injunction on merits, as otherwise, petitioners would suffer irreparable loss and injury, and/or be further pleased to pass such other and further order/orders as this Hon'ble Court may deed fit and proper in the circumstances of the case in the interest of Justice."
It appears from perusal of the record that earlier petitioners filed a petition under Article 227 of the Constitution of India being Petition No.2701 of 2019 (Lila Dhar and 8 others Vs. Nagar Nigam Ghaziabad U.P. and 3 others). The said petition was disposed of finally by coordinate Bench of this Court vide judgement and order dated 25.4.2019, which is reproduced hereinbelow :-
"Heard Sri V.M. Zaidi, learned Senior Counsel assisted by Sri M.J. Akhtar, learned counsel for the petitioners and Sri Pranjal Mehrotra, learned counsel for the respondents-Nagar Nigam and perused the record.
Present petition has been filed challenging the order dated 1.4.2019 and the order dated 4.4.2019 passed by the Courts below.
Admittedly, a Misc. Appeal is already pending against the order dated 1.4.2019.
Sri Pranjal Mehrotra, learned counsel for the respondents-Nagar Nigam states that 29.4.2019 is fixed for consideration of the interim injunction application filed by the petitioner in appeal.
As such, I do not find any good ground to entertain the present petition as the appeal is already pending before the competent lower appellate Court.
Accordingly, present petition stands disposed of with liberty to the parties to pursue their case on the next date.
Both the parties agree that they shall cooperate in the hearing of the Misc. Appeal on the next date itself. Otherwise, the Court below shall fix short dates and no unnecessary adjournments shall be granted for disposal of the appeal as the apprehension expressed by the leaned counsel for the petitioners is that the respondents-Nagar Nigam is proceeding further for demolition of the property in question.
No order as to costs."
It is argued that inspite of aforesaid order appellate court is not passing any order for grant of interim injunction in favour of the petitioners and on account of aforesaid non action of the aforesaid court, petitioners are suffering irreparable loss.
Heard learned counsel for the parties.
With the consent of learned counsel for the parties, the writ petition is disposed of finally at the admission stage itself.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the respondent no.3 to consider and decide the injunction application filed by the petitioner strictly in accordance with law on the next date fixed in the matter i.e. 5.2.2021 after hearing all the parties concerned. If on account of any reason no orders were passed on the aforesaid date, the decision will be taken on the aforesaid application preferably within a period of 15 days, thereafter.
Order Date :- 22.1.2021 Pramod Tripathi