SURENDER SINGH LOCHAV Vs. NALINEE VARMA

JUDGEMENT

(1.) THIS intra court appeal impugns the order dated 21 st February, 2012 of the learned Single Judge, though holding WP(C) No.4/2012 preferred by the respondents to be entailing questions of fact and relegating the parties to proceedings before the appropriate fora but nevertheless directing the appellant herein to remove the blockage in the form of a wall, to the entry gate of the farmhouse of the respondents.

(2.) NOTICE of this appeal was issued on the counsel for the appellant referring to the State of Orissa Vs. Madan Gopal Rungta 1952 1 SCR 28 laying down that the High Court cannot make a direction, under Article 226 of the Constitution, for the purpose of granting interim relief only and pending the institution of a suit. While issuing notice of this appeal, the operation of the order of the learned Single Judge was also stayed.

(3.) IT was the plea of the appellant before the learned Single Judge that since the strip of land being used as kutcha raasta by the respondents to their farmhouse had been allotted to the appellant, the respondents could not have access to their farmhouse therefrom. A dispute was also raised as to whether the said strip of land fell in village Bijwasan or village Bamnoli.