MANOJ KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner, inter alia, praying for quashing the notice dated 11.7.2012 (Annexure-1 to the writ petition) issued by the respondent No. 2 [Nagar Parishad, Hathras, (Mahamaya Nagar)]. From the averments made in the writ petition, it appears that the petitioner claims himself to be the son of one Kanhaiya Lal, who had taken the property in question on rent in the year 1990 from the respondent No. 4. The said Kanhaiya Lal was running hotel in the property in question. The said Kanhaiya Lal is stated to have expired in the year 2006, and the petitioner claims that he has been continuing to run hotel business in the property in question since the death of his father.

(2.) It is further averred to the writ petition that the respondent No. 4 has filed a suit being Original Suit No. 94 of 2009 against the petitioner and the other family members of the said Kanhaiya Lal, inter alia, praying for decree of permanent injunction restraining the defendants in the said suit (petitioner and other family members of the said Kanhaiya Lal) from damaging the property in question, raising any new construction and changing the nature of the property in question.

(3.) It is, inter alia, further averred in the writ petition that an injunction order dated 2.3.2009 (Annexure-5 to the writ petition) has been passed in the said suit directing the parties to maintain status quo in regard to the property in question during the pendency of the said suit. The said injunction order is stated to be still operative.