Mst. Khaoon Begum and Others vs The Municipal Board, Dholpur and Another

Mahesh Bhagwati

By way of the instant writ petition, the petitioners have beseeched to quash and set aside the order dated 14th March, 2012, whereby the learned District Judge, Dholpur, dismissed the application filed u/s 151 of CPC. The petitioners have come out with a case that the respondent no.1 Municipal Board, Dholpur, invited applications for auction of plots way back in the year 1973. The husband of the petitioner purchased one plot no. 46 in the said auction for a consideration of Rs. 2,100/- , as he had given the highest bid and pursuant to the terms and conditions of the bid, the husband of the petitioner deposited 25% of the total consideration amount in the office of respondent no.1 on 7th July, 1973 through the receipt no. 59. The petitioners came to know about the fact that the respondent no.1 was auctioning the said plot, hence, they gave a notice u/s 80 of CPC to the respondents, despite that the respondent no.1 put this plot to auction, which is likely to take place tomorrow on 23rd March, 2012. The petitioners filed an application before the learned District Judge, Dholpur, but the same was dismissed sans assigning any cogent reason. Learned counsel canvassed that the mandatory provision of section 80 of CPC envisages for giving a notice of 60 days to the person for filing a suit against him, but the period of 60 days has not expired and the respondent no.1 is going to auction the said plot tomorrow, hence, the respondent no.1 may be restrained from putting this plot for auction on 23rd March, 2012.

Learned District Judge, Dholpur is found to have dismissed the application for the simple reason that there was no litigation pending about the said plot in his court. He further observed that neither the petitioner had filed any suit nor any dispute with regard to the same plot was pending in any other court. Hence, sans there being any suit pending in the court, the injunction order with regard to the said plot cannot be issued. I am afraid that in a situation given, as to whether the inherent powers u/s 151 of CPC can be invoked by the court for the said purpose. undeniably and undisputably, no injunction order can be issued unless the dispute with regard to the property in question has been pending in the court and the inherent powers cannot be exercised so as to nullify the provisions of CPC. The impugned order is found to be perfectly just and proper, in the facts and circumstances of the case and suffers from no factual or legal infirmity, thus, the writ petition being devoid of any substance deserves to be dismissed at the thershold.

For the reasons stated above, the writ petition fails and the same being bereft of any merit stands dismissed in limine. consequent upon the dismissal of the writ petition, the stay application does not survive and the same also stands dismissed.