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2021 DIGILAW 495 (UTT)

Vijay Kumar v. Tehri Sariya Company Ltd.

2021-10-25

S.K.MISHRA

body2021
JUDGMENT S.K. Mishra, J. - Heard Mr. Siddhartha Singh, the learned counsel for the petitioners. 2. By filing this writ application, the petitioner has prayed for issuance of a writ in the nature of certiorari to quash the part of the order dated 24.12.2020 passed by Civil Judge (J.D.) Roorkee, District Haridwar in O.S. No. 139 of 2020, whereby notice has been issued to the defendant/respondent instead of granting ex-parte interim injunction and the order dated 07.10.2021 whereby dated 22.11.2021 has been fixed after appearance of the parties instead of passing any interim order of protection. 3. Learned counsel for the petitioner submits that the petitioner is the recorded tenure holder in respect of the land in question which is adjacent to the industrial unit of the opposite party/respondent. The opposite party/respondent is taking all efforts to encroach the land of the petitioner, and, in such a situation where the respondent is a big company and the petitioner is a small cultivator, the balance of convenience lies in his favour, as well as he will suffer irreparable injury if order of injunction is not passed, therefore, the learned counsel for the petitioner emphatically submitted that the action of the Civil Judge (J.D), Roorkee, District Haridwar in not passing any interim order on the application of temporary injunction is a failure on his part to exercise the jurisdiction vested on him and it will cause irreparable injury and grave injustice to the petitioner. 4. Since, no order has been passed, refusing injunction it shall be appropriate and expedient in the interest of justice to direct the learned Civil Judge (J.D), Roorkee, District Haridwar to hear the matter and dispose of the application for temporary injunction within a short period instead of issuing notice in this case. Hence, it is directed that the petitioner shall produce certified copy of this order before the learned Civil Judge (J.D), Roorkee, District Haridwar within 3 to7 working days. On such event, the learned Civil Judge (J.D), Roorkee, District Haridwar shall advance the case and after affording reasonable opportunity of hearing to both the parties and shall pass the order according to merit and law, guiding the field, preferably within seven days. 5. On such event, the learned Civil Judge (J.D), Roorkee, District Haridwar shall advance the case and after affording reasonable opportunity of hearing to both the parties and shall pass the order according to merit and law, guiding the field, preferably within seven days. 5. In the interregnum, it is directed that till the disposal of the interim application filed by the petitioner before the learned Civil Judge (J.D), Roorkee, District Haridwar status quo regarding possession over the Suit Scheduled land, as on today, shall be maintained by both the parties. Violation of this order will entail civil contempt. 6. Accordingly, the writ petition is disposed of. 7. No order as to costs. 8. Urgent certified copies of this order be provided during the course of the day, as per Rules.