GANGA SAHAY Vs. NAGAR PALIKA
LAWS(RAJ)-2014-4-50
HIGH COURT OF RAJASTHAN
Decided on April 02,2014

GANGA SAHAY Appellant
VERSUS
NAGAR PALIKA Respondents

JUDGEMENT

- (1.) IN challenge is the judgment and order dated 2.1.2014 passed in S.B.Civil Writ Petition No.21573/2013 dismissing the same. The writ petitioner is in appeal.
(2.) WE have heard Dr.Prakash Chandra Jain, learned counsel for the appellant/writ petitioner. The recorded facts reveal that the pleaded case of the appellant/writ petitioner is that he had purchased a plot of land bearing No.38, Indira Colony, Bazariya, Sawaimadhopur vide registered sale deed dated 15.1.2007, and is in possession thereof. The respondents No.2 & 3 instituted a suit against him on the basis of an agreement of sale dated 6.2.1997, and the same came to be decreed by the judgment and decree dated 28.11.2011. Aggrieved by the verdict, the appellant/writ petitioner has preferred an appeal before this Court as S.B.Civil First Appeal No.3/2012. By order dated 5.1.2012, the learned Single Judge, after hearing the learned counsel for the parties, passed the following order: - " Heard. Both the parties shall maintain status -quo as its today and no further alienation shall be made regarding the plot in dispute."
(3.) THE appellant/writ petitioner has alleged that inspite of the above interim order, the respondents have, in violation thereof, forcibly dispossessed him from the land involved and have started raising construction thereon, even without obtaining necessary permission under Section 194 of the Rajasthan Municipalities Act, 2009 (for short, hereafter referred to as 'the Act'). The appellant/writ petitioner has stated that being aggrieved, meanwhile, he has filed an application under Order 39 Rule 2A of the Code of Civil Procedure (for short, hereafter referred to as 'the Code') read with Section 10/12 of the Contempt of Courts Act, 1971, on which a notice has been issued by this Court on the respondents on 12.9.2013.;


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