Smt. Phoolwati vs Mathurav Vrindavan Vikas ...
2014 Latest Caselaw 3072 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - C No. - 35628 of 2014
 

 
Petitioner :- Smt. Phoolwati
 
Respondent :- Mathurav Vrindavan Vikas Pradhikaran & 3 Others
 
Counsel for Petitioner :- S.K. Chaturvedi
 
Counsel for Respondent :- C.S.C.,D.S. Chauhan
 

 
Hon'ble Abhinava Upadhya,J.

By means of this writ petition the petitioner has come to this Court challenging the order of the trail court as well as revisional court  by which respondent no.4 has been allowed to be impleaded as defendant in the proceeding. The petitioner claims that she has a valid lease deed executed in her favour  and the said respondent no.4 absolutely no interest on the property  but no document has been filed before the court below  with regard to any interest either of the Nagar Palika or the respondent no.1 to be impleaded as party. The revisional court has also affirmed  the order of the trial court. 

According to the learned counsel for the petitioner, the sole ground taken by respondent no.4 to be impleaded as party is that respondent no.1 has allowed  it to maintain the property as Park. According to him, even respondent no.1 has no interest or right over the property to allow any other person for maintenance for any other purposes. The petitioner is a valid owner of the property and no interference can be caused either by respondent no.1  or respondent no.4.

The matter requires consideration.

Learned Standing Counsel represents respondent no.2.  Sri D.S.Chauhan, learned counsel appears on behalf of respondent no.1.

Issue notice to respondents no.3 and 4 returnable at an early date.

The respondents may file counter affidavit within one month. 

The petitioner shall take steps for service of notice upon respondents no.3 and 4 within a week.

List after service of notice.

Till the next date of listing, the operation of the impugned orders dated  10.4.2014 and 4.2.2013 shall remain stayed.

Order Date :- 14.7.2014

SKM