KULDEEP KOUR Vs. VICE CHAIRMAN, JDA, JAMMU
HIGH COURT OF JAMMU AND KASHMIR
Vice Chairman, JDA, Jammu
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(1.)Petitioner through the medium of this petition under Article 227 of the Constitution of India has invoked the writ jurisdiction of this Court
for quashing order dated 31.08.2019 passed by learned 2nd Additional
District Judge, Jammu in Appeal titled Smt. Kuldeep Kour v. Vice
Chairman, Jammu Development Authority, Jammu (hereinafter for
short as 'impugned order') dismissing the Civil Miscellaneous
Appeal against the order dated 29.04.2019 passed by the 1 st Civil
Subordinate Judge (Sp. Municipal Mobile Magistrate), Jammu in suit
titled Smt. Kuldeep Kour v. Vice Chairman, Jammu Development
Authority, Jammu by virtue of which order of status quo dated
05.03.2019 granted by the trial Court has been vacated on the grounds taken in the memo of petition.
(2.)As per averments made in the petition, it appears that the petitioner had filed a Civil Suit for permanent prohibitory injunction along with
stay application before the learned District Judge, Jammu who
transferred the same to the court of Municipal Magistrate, Jammu.
The said Magistrate has passed an order of status quo on 08.04.2013,
but, the same was vacated on the technical grounds that the petitioner
had not served the required notice under Section 48 of the J&K
Development Act. Accordingly, the suit of the petitioner was
dismissed and after the dismissal of the suit, the petitioner served legal
notice dated 01.05.2018 under section 48 of the J&K Development
Act, but, without any fruitful results, rather the JDA- respondent No.1
came to spot on 25.02.2019 along with staff to evict the petitioner
from the land in question and also to raise the construction.
(3.)Being aggrieved, the petitioner filed fresh suit restraining the JDA- respondent from causing any interference or making any
encroachment, without adopting due course of law in the suit land.
The petitioner also filed application for grant of temporary injunction
and for grant of status quo order to preserve the subject matter of the
suit till its final disposal. The trial court directed the parties to the suit
to maintain status quo by an order dated 05.03.2019. The JDA also
filed objections and after the hearing the parties, the trial Court
vacated the order of status quo vide order dated 29.04.2019. Learned
counsel for the petitioner argued in the main appeal also before the
appellate Court and prayed that till the disposal of the main appeal
status quo be maintained. It is contended by the learned counsel for
the petitioner that the appellate court failed to address on the
important question of law and facts and without legal justification
dismissed the appeal by holding that the petitioner has failed to
advance any legal right over the land in question.
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