Rakesh Rai vs Yogendra Rai And Othrs
2011 Latest Caselaw 829 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 19158 of 2011
 

 
Petitioner :- Rakesh Rai
 
Respondent :- Yogendra Rai And Othrs
 
Petitioner Counsel :- A.P. Singh
 
Respondent Counsel :- Prashant Pandey
 

 
Hon'ble Rajes Kumar,J.

The petitioner is a defendant in the suit. The plaintiff filed a suit for permanent injunction in respect of 64 decimals area of Plot No. 264, which is claimed to be pond, along with an application for interim relief. The trial court has refused to grant interim relief on the ground that the disputed area has not been identified. Against which the respondents filed appeal, which has been allowed. The appellate authority has held that the disputed area is a pond, which should be preserved and accordingly directed both the parties to maintain status-quo.

Learned counsel for the petitioner submitted that 40 feet road is crossing area in dispute which falls under the National Rural Employment Guarantee Yojna ( in short NREGA) and in case if the work of NREGA will be stopped, the petitioner will suffer irreparable loss.

The Amin report is at page 54 of the writ petition reveals that both the parties have created a road over the pond by filling it and the said road is under the NREGA. Therefore, it appears that the disputed land is also part of the pond and in respect of which interim order passed by the appellate authority for maintaining the status-quo cannot be said to be illegal.

In the circumstances, the writ petition has no substance and is accordingly dismissed.

Order Date :- 4.4.2011

OP