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CHANDRA KUMAR RAI
Ijlasi Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Mr. L.K. Tripathi, learned Additional Chief Standing Counsel has placed the instruction before the Court in compliance of the order of this Court dated 13.1.2023 which is taken on record.
2. Heard Mr. Ram Bachan Yadav, Counsel for the petitioner and Mr. L.K. Tripathi, learned Additional Chief Standing Counsel for the State-respondents.
3. The instant petition has been filed for mandamus commanding the respondent No.4 to restore the house of the petitioner in its previous position which has been demolished in part by the authorities in spite of the pendency of civil suit before the Civil Court as well as the proceeding pending before the Revisional Court. It is also prayed that necessary action be taken against the authorities who have illegally demolished the the petitioner's construction in part without conducting legal procedure.
4. Brief facts of the case are that petitioner is bhoomidhar of plot No. 2043 area 0.0080 hectare and house is situated over the same. Private respondent No.8 is the owner of adjacent plot 1950. Civil suit No. 892 of 2022 was filed by petitioner for injunction impleading private-respondent No.8 Bacchu as defendant. In the afo
The court highlighted the necessity for due process in land disputes, affirming that no demolition should occur pending resolution of restoration applications under the U.P. Revenue Code.
Civil suits challenging demolition orders for unauthorized construction are not maintainable where specific provisions of the DMC Act provide for an appellate forum, reinforcing the jurisdictional li....
Civil Law - Unauthorized construction - Jurisdiction of Court - Empowering courts to summarily dismiss a suit - When court had no jurisdiction to try case, ad-interim injunction cannot be granted.
Civil courts retain jurisdiction to adjudicate claims for natural justice violations, despite statutory bars under the Cantonments Act.
Municipal authorities have a duty to enforce laws against unauthorized constructions, and civil court orders do not impede their obligation to act.
A status-quo order issued by a civil court must be maintained until adjudication, irrespective of alleged encroachments, highlighting procedural protections inherent in the law.
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