Ramesh Kumar vs Bastimal on 23 August, 2018
33. Apart from the aforesaid precedent laws, learned
counsel for the respondents has also relied upon the judgment
rendered by the Hon'ble Allahabad High Court in Chhedilal &
Anr. Vs. Rajaram (deceased) through his LRs. & Anr.,
reported in 2007(69) ALR 824, whereby the Hon'ble Allahabad
High Court has laid down the law that in view of the legal position
that the Municipalities Act provides for a complete mechanism for
redressal of the dispute arising therein, especially with regard to
(12 of 14) [CW-11097/2018]
grant and cancellation of licences, the jurisdiction of the civil court
under Section 9 of CPC stands excluded by necessary implication
and the civil court is not competent to entertain any suit directing
the Municipal Board to cancel the licence granted. The Hon'ble
Allahabad High Court, in the said case, has further noted that
Section 41(h) of the Specific Relief Act, 1963 provides that an
injunction cannot be granted when equally efficacious relief can be
obtained by any other usual mode of proceeding. The relevant
paras 40 and 41 of the said judgment read as under:-