Dokham Tibetan Foundation vs Additional Collector, 1st Class & Others

Manoj K. Tiwari, J.

Respondent Nos. 2 and 3 filed a declaratory suit against the petitioner under Section 229(B) of Uttar Pradesh Zamidari Abolition and Land Reform Act, 1950 (in short 'UPZA&LR Act'). Learned Assistant Collector, 1st Class (Sadar), Dehradun granted ex-parte temporary injunction in favour of plaintiffs/respondent Nos. 2 & 3 on 07.2.2018. Petitioner filed objection to temporary injunction application on 15.05.2018 and prayed for rejection of the said application. The said application is said to be pending before learned trial court.

Learned counsel for the petitioner submits that the next date fixed before the trial court is 28.11.2018.

Having regard to the fact that ex-parte temporary injunction has been granted in favour of respondent Nos. 2 & 3 and petitioner's objection against the temporary injunction application is still pending, this Court is of the opinion that interest of justice would be served, if learned trial court is directed to consider and decide petitioner's objection on the next date fixed or any other date, within

15 days thereafter.

Accordingly, writ petition is disposed of with a direction to Assistant Collector, 1st Class (Sadar), Dehradun to dispose of the temporary injunction application along with objection filed by the petitioner, on the next date fixed i.e. 28.11.2018 and if for any reason, it is not possible to dispose of the application on the next date fixed, the same shall be heard and decided within 15 days thereafter.