SHUBHAVNA SINGH Vs. DILIP JAWALKAR

JUDGEMENT

(1.) Petitioners have approached this Court seeking the following reliefs :

(2.) Learned counsel for the petitioners/defendants would submit that the respondent/plaintiff filed a suit being Case No. 15 of 2023-24 in the court of Assistant Collector, Ist Class, Vikasnagar for perpetual prohibitory injunction against the petitioners/defendants; that, along with the suit the respondent/plaintiff also filed an application for interim injunction for restraining the petitioners/defendants from interfering in the suit property; that, the Assistant Collector Ist Class, Vikasnagar, vide impugned order dtd. 26/3/2024, granted interim injunction in favour of the respondent/plaintiff. Hence, this writ petition.

(3.) Learned counsel for the petitioners/defendants would further submit that the suit preferred by the respondent/plaintiff before the Assistant Collector, 1st Class, is not maintainable, inasmuch as, the Assistant Collector, 1st Class, has no jurisdiction to entertain the suit for a relief of permanent injunction in view of Sec. 331 of U.P.Z.A. and L.R. Act. He would refer to relevant provision of the U.P.Z.A. and L.R. Act, 1950, which is being extracted hereinbelow:-