(1.) None of the respondents have chosen to file reply to this Special Civil Application and as such the averments made therein stand uncontroverted. The petitioner's counsel has also not advanced any oral arguments but has given written submissions. The learned counsel for the petitioner has also filed translated copy of the order annexure 'D'. Perused the Special Civil Application and written submissions submitted by the learned counsel for the petitioner.
(2.) The petitioner is a Nagar Palika. The Standing Committee of the Nagar Palika passed a Resolution No. 108 dated 24.6.1984, under which it was resolved that the land out of Survey No. 359/1 admeasuring 5069.17 sq.mts. be sold to Shree Sorath Shikshana and Sanskruti Sangh. This Resolution of the Standing Committee of the Nagar Palika was to be approved by the General Board and in respect thereof, a meeting of the General Board was fixed on 17th July 1984. The respondents No. 2 to 9 made an application to the Collector on 16th July, 1984, a copy of which is submitted on record of this case as annexure 'A', and prayed therein that the General Board of the Nagar Palika be restrained from considering the Resolution of the Standing Committee being No. 108 dated 24th June, 1984. On 16.7.84, that application has been considered by the Collector and an exparte injunction has been granted in favour of respondents No. 2 to 9. The petitioner Nagar Palika submitted a detailed reply to the show cause notice served by the Collector upon it on the application made by respondents No. 2 to 9. Under the order dated 30th May 1986, the Collector confirmed the order of exparte injunction granted on 16th July 1984. The exparte injunction granted on 16th July 1984, and confirmed later on was to the effect that:
(3.) The matter has been admitted by this Court on 8th August 1986 after notice to the respondents and interim relief in terms of para 13(B) has been granted. Para 13(B) of the Special Civil Application reads as under: