DEEPAK KUMAR CHOUDHARY Vs. MUNICIPAL COUNCIL
LAWS(RAJ)-2010-8-173
HIGH COURT OF RAJASTHAN
Decided on August 09,2010

Deepak Kumar Choudhary Appellant
VERSUS
MUNICIPAL COUNCIL Respondents

JUDGEMENT

Govind Mathur, J. - (1.) THIS petition for writ is preferred to assail validity of the order dated 31.5.2010 passed by Addl. Civil Judge (J.D.), Jodhpur rejecting the application preferred by the petitioner under Section 151 C.P.C. to get possession restored regarding a milk booth as that was existing prior to 26.1.2010.
(2.) THE learned trial court after considering the entire material available on record reached at the conclusion that while removing the milk booth from the spot in question no interim order was existing and also that the milk booth has already been installed at the distance of 100 Feet and, as such, prima facie no right of the applicant appears to be violated. On reading of the order impugned, it is apparent that the trial court has taken into consideration all the relevant issues including the fact that the restoration of the booth as claimed will effect public at large adversely and also make multiplicity of litigations. In such circumstance, while exercising the powers under Article 227 of the Constitution of India, I am not inclined to interfere in the matter. The petition for writ is dismissed accordingly.;


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