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2015 DIGILAW 3511 (ALL)

Horam Harvansh Kapil Mohan Inter College, Madhopura Ghaziabad v. Addl. Commissioner, Meerut Division

2015-11-06

ABHINAVA UPADHYA

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JUDGMENT Abhinava Upadhya, J. Heard Sri Siddhartha Varma, learned counsel for the petitioner and Sri Ramendra Asthana, learned counsel appearing for respondent No.5. 2. By means of this writ petition, the petitioner has come to this Court challenging the order of an interim injunction dated 17.10.2014 against which a revision under section 333 of the U.P. Zamindari Abolition and Land Reforms Act was filed which has been dismissed by the order dated 13.8.2015 . 3. The grievance of the petitioner is that the petitioner is in possession over the plot of land being Plot No.385/5, area 5 Bighas 5 Bishwas in village Madhopura, Pargana Loni, Tehsil and District Ghaziabad on the basis of a gift deed executed in his favour in 1969 and since then the petitioner is in possession and have constructed a school upto Intermediate which is duly recognized and is running the present moment. The respondents have filed a suit in respect of the same land under section 229-B of the Act with the prayer that the respondents be declared Bhumidhar of the said land. The suit was filed in 2006 and the interim injunction application was filed in 2014. The matter was contested and on an interim injunction application the order impugned has been passed restraining the petitioner from changing the nature of the land as well as alienating the property in question. The said order is said to have been passed under the provisions of section 229-D of the Act. 4. Sri Siddharth Varma, learned counsel for the petitioner submits that no interim injunction could have been granted in respect of land although the court can pass an order in respect of the property standing on the land such as trees, crops etc. but no injunction can be granted in respect of the land. 5. I have considered the submissions of the learned counsel for the parties. At this stage, I am not inclined to interfere with the order of the trial court but the same is modified to the extent that the petitioner shall not alienate the property or create a third party interest but will be at liberty to do the needful if required for improvement of the building or carrying out the repairs that may be necessary. 6. It is further directed that the proceedings pending under section 229-B of the Act being suit No.16 of 2005-06- Prem Singh & others Vs. 6. It is further directed that the proceedings pending under section 229-B of the Act being suit No.16 of 2005-06- Prem Singh & others Vs. State of U.P. & others pending before the SDM, Ghaziabad be proceeded with and decided finally in accordance with law without granting unnecessary adjournment to either of the parties provided there is no other legal impediment or any interim order is operating against the disposal of the suit. 7. With the aforesaid direction, the writ petition is disposed of finally. …………………