Jabbar And 2 Others vs Town Area,Kotara Thr. Adhyaksha ...
2014 Latest Caselaw 4389 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - C No. - 42059 of 2014
 

 
Petitioner :- Jabbar And 2 Others
 
Respondent :- Town Area,Kotara Thr. Adhyaksha Town Area And Another
 
Counsel for Petitioner :- Dr. S.B. Singh
 

 
Hon'ble Abhinava Upadhya,J.

Application dated 13.8.2014 filed today, is taken on record.

By means of this writ petition the petitioners have challenged  the order of the trial court  as well as appellate court by which their interim injunction application has been rejected. 

The petitioners had filed a suit for permanent injunction  being Suit No. 484 of 2013. By means of misc. application the petitioners have appended  the site map. According to the petitioners, the site map shown with figure A,B,G,H the respondents have blocked  and are constructing shops which was the passage of the petitioners to approach State Highway.  The ground for rejecting the interim injunction application  is that the plot shown by the figure A,B,G,H is recorded  as 'Banjar'  in the revenue record and therefore, it is the land of the State and the Town Area Committee being the custodian of it are constructing shops thereon  which will generate the public revenue, as such, no injunction can be granted to the plaintiffs-petitioners. Whereas the plaint map it clearly shows  that the plot shown  as N,A,D,M and L,I,J,K are the plot of the petitioners  and no passage appears to be in front of their plots. The Amin report, which was called by the court, also suggests that there was a gate between I and J and A and D. As such,  from the Amin report also it appears  that there was a passage  on the said plot.

That apart, according to the learned counsel for the petitioners, under the Uttar Pradesh Roadside Land Control Act, 1945 for a distance of 75 feet from the road,  no construction is permissible  and the respondents  are raising construction which is within 75 feet  of the road.

The matter requires consideration.

Issue notice to the respondents returnable at an early date for which learned counsel for the petitioners will take steps within a week.

List this case after service of notice.

Till the next date of listing, the  parties are directed to maintain status quo with regard to the land in dispute.

Order Date :- 13.8.2014

SKM