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2019 Supreme(UK) 517

RAMESH RANGANATHAN, N.S.DHANIK
SUNITA – Appellant
Versus
DISTRICT MAGISTRATE, HARIDWAR – Respondent


Advocates:
For the Petitioner:Mr. Pankaj Miglani, Advocate
For the Respondent:Mrs. Prabha Naithani, Brief Holder and Mr. Sandeep Kothari, Advocate

JUDGMENT

Ramesh Ranganathan, C.J. (Oral)

From the events, as shall be detailed hereinafter in this order, it does appear that both the District Magistrate, Haridwar and the Executive Officer, Nagar Nigam, Haridwar believe that they are above the law and that, notwithstanding an order passed by a competent Court restraining them from taking law into their own hands, they are entitled to act at their whim or caprice, without adhering to the orders passed by a competent Court.

2. The petitioner, a petty vendor selling flowers and Prasad at Har Ki Pauri in Haridwar, was carrying on her petty business in the premises for which a lease was granted by the respondent-Nagar Nigam in favour of her husband in the year 1986. It is the petitioner's case that she has been eking out her livelihood from the said premises ever since then, on payment of monthly rent of Rs. 375/- to the Nagar 2 Nigam. The petitioner instituted a suit in O.S. No. 154 of 2005 before the Additional 1st Civil Judge (Jr. Div.), Haridwar against the Nagar Nigam. The said Suit was contested by the Nagar Nigam which adduced evidence through its employee Sri Rajendra Prasad Sharma. By its judgment and decree dated 12.10.2015,

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