SANTOSH SHARMA Vs. CANTOMENT BOARD MEERUT

JUDGEMENT

(1.) Writ Petition No. 18592 of 2011 has been filed for quashing the order dated 19th February, 2011 passed by the Estate Officer, Meerut Cantt. Meerut by which the application filed by the petitioner under section 10 of the Code of Civil Procedure (hereinafter referred to as the 'C.P.C.') for stay of the proceedings before the Estate Officer in Case No. 6. of 2010 instituted against the petitioner under section 4 of the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as the 'Act') since the previously instituted Original Suit No. 1382 of 2010 was pending in the Court of Civil Judge (Senior Division) Meerut, has been rejected. Writ Petition No. 18595 of 2011 has been filed for quashing the order dated 19th February, 2011 passed by the Estate Officer, Meerut Cantt. Meerut by which the application filed by the petitioner under section 10 of the C.P.C. for stay of the proceedings before the Estate Officer in Case No. 7 of 2010 instituted against the petitioner under section 7 of the Act since the previously instituted Original Suit No. 1382 of 2010 was pending in the Court of Civil Judge (Senior Division) Meerut, has been rejected.

(2.) The dispute in the present petitions relate to a Community Hall at Cariyappa Road, B.C. Bazar, Meerut Cantt. Meerut of which the Cantonment Board, Meerut is the owner. It is submitted that the said Community Hall with appurtenant land was given on lease by the Cantonment Board to the petitioner in terms of the agreement executed between the parties on 11th May, 2010.

(3.) However, on 17th August, 2010 the Cantonment Board published an auction notice inviting tenders in respect of the said property. The petitioner filed Original Suit No. 1382 of 2010 for a decree of permanent injunction to restrain the defendants from interfering with the physical possession and use and enjoyment of the property and to restrain the defendants from dispossessing the petitioner. A decree for mandatory injunction was also claimed for renewal of the lease upto 2013. The Trial Court granted temporary injunction in favour of the plaintiff-petitioner on 12th November, 2010.