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B. K. MUKHERJEE, S. R. DASS, N. CHANDRASHEKAR AIYAR, M. PATANJALI SASTRI, H. J. KANIA
State Of Orissa – Appellant
Versus
Madan Gopal Rungta – Respondent
Yes, the court in this judgment supports the view that civil suit prayer and temporary injunction prayer cannot be identical to each other. This is explicitly stated in paragraph (!) , where the court emphasizes that directions in the nature of interim relief are only permissible as an aid to the main relief that could be obtained through a final decision in a civil suit. The court clarifies that when the court declines to decide on the rights of the parties and indicates that such rights should be determined in a civil suit, it cannot issue directions in the form of temporary injunctions under Art. 226 solely to facilitate the institution of that suit.
Judgment
Kania, C.J.I. - These are five companion appeals form the judgement of the High Court at Orissa, delivered on five petitions filed by the respondent in each of the appeals, to obtain from the Court a writ of mandamus and / or directions under Art. 226 of the Constitution of India.
2. Each of the respondents alleged that between 1941 and 1947 he had agreed to take from the ruler of Keonjhar a mining lease and had entered into possession of the area. Some of the petitioners alleged that they had spent money on the development of the mines and installed machinery to work the same. It is however common ground that there was no registered lease in favour of any of the respondents before 1947. On 14th December 1947, the ruler of Keonjhar entered into a merger agreement with the Dominion of India and as from 1st January 1948 the State was merged in the Dominion of India. After singing the merger agreement , the Ruler gave registered leases on 27th December 1947 to the respondents in these appeals. In pursuance of the exercise of the powers conferred on the Government of Orissa by S. 4, Extra Provincial Jurisdiction Act, 1949, read with Notification No. 172/1B dated 23rd March 1948
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