- (1.) Invoking supervisory powers of this Court under Article 227 of the Constitution of India, appropriate and necessary directions have been sought to the court of Civil Judge (Junior Division), Sohna, District Gurgaon to decide the application dated 13.10.2014 (Annexure P-1) filed by the petitioner-plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 CPC alongwith the suit for permanent injunction against the defendants regarding blocking Gair Mumkin Nala in any manner whatsoever.
(2.) Counsel for the petitioner-plaintiff has referred to order dated 7.11.2014 (Annexure P-11) whereby the lower court, after hearing counsel for the parties including that of the plaintiff, who wanted adjudication of his application under Order XXXIX Rules 1 and 2 read with Section 151 CPC, came to the conclusion that since the Hon'ble Division Bench of this Court had ordered maintenance of status-quo at the site, there was no urgency to pass any order regarding relief of status-quo as was then prayed for by the counsel for the plaintiff. Relevant portion of the said order of the lower court for ready reference is reproduced as below: "In view of the above referred order of Hon'ble Punjab and Haryana High Court, the defendants in the present case have been directed to maintain status quo at the site. As the defendants have already been directed to maintain status quo at the site by Hon'ble Punjab and Haryana High Court, at this stage, I do not find any urgency in the prayer of the plaintiff to pass any order regarding the relief of status quo as prayed for by counsel for the plaintiff."
(3.) In the application under Order XXXIX Rules 1 and 2 read with Section 151 CPC, the petitioner-plaintiff had sought ad-interim injunction against the defendants restraining them from blocking the Gair Mumkin Nala. It is conceded by the counsel for the plaintiff that the suit property in the present litigation as also in the litigation which was adjudicated by Hon'ble Division Bench of this Court in CWP No.22072 of 2014 titled Ved Prakash and others Versus State of Haryana and others decided on 30.10.2014 is the same. Relevant operative portion of the order passed in the aforesaid writ petition is as under: "The writ petition is accordingly disposed of with a direction to the Deputy Commissioner, Gurgaon, to treat this writ petition as a complaint-cum-appeal against the resolution of the Gram Panchayat as well as the order passed by the Block Development and Panchayat Officer, Sohna, within the meaning of Section 47 of the Haryana Panchayati Raj Act, 1994 read with residuary powers exercisable under that Act, and pass an appropriate order in accordance with law. The Deputy Commissioner, Gurgaon, shall decide the same within a period of two months from the date of receiving a certified copy of this order.";