BANSHI & ANR Vs. STATE OF RAJASTHAN & ORS
LAWS(RAJ)-2015-3-311
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on March 23,2015

Banshi And Anr Appellant
VERSUS
State Of Rajasthan And Ors Respondents

JUDGEMENT

- (1.) We have heard learned counsel appearing for the appellants.
(2.) These intra-Court Special Appeals arise out of the judgment passed by learned Single Judge, dated 04.03.2015, by which he has dismissed the writ petitions on the ground of alternative remedy available to the petitioners, to file a civil suit and seek injunction in the matter.
(3.) It is submitted, relying upon the judgments of the Apex Court in Real Estate Agencies Vs. State of Goa And Others, 2012 12 SCC 170, and Syed Maqbool Ali Vs. State of Uttar Pradesh And Another, 2011 15 SCC 383, that the High Court under Article 226 of the Constitution of India, does not lack jurisdiction, to issue an injunction order in an appropriate case. Where rights of the parties are grossly violated by the State-respondents, the High Court can issue an injunction order, restraining the respondents from interfering in the rights of the petitioners.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.