S.C. MATHUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner is challenging the ex-parte temporary injunction order dtd. 26/12/2018, passed by learned Assistant Collector 1st Class, Vikas Nagar, District Dehradun in Revenue Suit No. 20 of 2018-19.

(2.) According to the learned counsel for the petitioner, Sarvodaya Retreat (respondent No. 3 herein) filed a declaratory suit under Sec. 229-B of Uttar Pradesh Zamidari Abolition and Land Reforms Act (from hereinafter referred to as 'UPZA&LR') seeking Bhumidari right over certain plots of agricultural land, situate in Village Pondha, Paragna Pachwadoon, Tehsil Vikas Nagar, District Dehradun. A temporary injunction application was also filed by respondent No. 3 alongwith said suit. Assistant Collector 1st Class, Vikas Nagar, Dehradun granted ex-parte temporary injunction in favour of plaintiff (respondent no. 3 herein), whereby petitioner has been restrained from transferring land or raising construction or changeing the nature of the said land, till next date of hearing.

(3.) Learned counsel for the petitioner submits that the order passed by learned Assistant Collector 1st Class is unsustainable as no notice, as contemplated under Order 39 Rule 3 of C.P.C, was issued to the defendants nor any reason for passing ex-parte order of temporary injunction has been recorded. He relies on a judgment rendered by Allahabad High Court in the case of Syed Mazhar Hussaini Vs. State of U.P. reported in 2004 (2) AWC 1265, where it has been held in para 5 that provisions of Code of Civil Procedure will mutatis mutandis apply to proceedings under UPZA&LR Act. He further relies upon a judgment rendered by co-ordinate Bench of this Court in WPMS No. 1121 of 2017 (Multiple Associates Vs. Board of Revenue and others, decided on 13/8/2018).