HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - C No. - 38099 of 2015 Petitioner :- Galaxy Nirmaan Pvt. Ltd. And Another Respondent :- D.M. And 3 Others Counsel for Petitioner :- R.K. Pandey,Ajay Singh Counsel for Respondent :- C.S.C. Hon'ble Arun Tandon,J.
Hon'ble Ashwani Kumar Mishra,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioners and learned counsel for the respondents.
This petition has been filed seeking quashing of the impugned order dated 25.6.2015 passed by the respondent no.2- Additional District Magistrate, Nagar District Agra.
Let the Additional District Magistrate (Nagar), District Agra appear before this Court on 27.7.2015 along with personal affidavit categorically stating that when the parties are litigating before a civil court, in respect of the property in question how can the District Magistrate/Additional District Magistrate interfere with the matter and issue directions for permitting constructions etc. in favour of one of the parties to the suit proceedings.
We may record that earlier also a Division Bench of this Court had required the State Government to issue a Government Order informing the District Authorities not to interfere in property disputes specifically when the parties are litigating in the competent civil court. We have been informed that such Government Order had, in fact, been issued but still the Additional District Magistrate has decided to interfere. It is for this reason, we ask him to explain his conduct.
Meanwhile, no further action shall be taken in terms of the order dated 25.6.2015.
List on 27th July, 2015.
Order Date :- 13.7.2015 Ashish Pd.