RAMESHWAR Vs. SPECIAL JUDGE E C ACT

JUDGEMENT

(1.) THE petitioners claimed that they are doing business of excavation of Sand from tehsil Bah, district Agra. It is stated that for excavation of sand from the said area, an auction was held on 10-12-1990 that is for the year 1991-92. THE petitioners were the highest bidders and their bid was provisionally accepted by the respondent no. 3, and they deposited 25% of the auction money on 11-12-1990.

(2.) IT is alleged that for reaching the site in question from which the sand is to be excavated, there is a public way through the land of the Forest Department, and it is the only way for having access to the site. The patta was for the period 18-1-1991 to 17-1 1992 and the plaintiffs have a right to excavate the land for this period, but it is alleged that the officials of the Forest Department had created a hindrance and obstructed the petitioners from having access to the said land. The petitioners reported the matter to the defendant no. 3 but no action was taken. IT is alleged that due to this hindrance, the petitioners could commence the work of excavating sand only after 17- 4-1991 and had continued only for about 1 1/2 months, after which the rains prevented further excavation. The petitioners requested the respondents to allow them to continue work of excavation of sand, but when they refused, the petitioners filed Suit No. 45 of 1992 before the Civil Judge, Agra. A true copy of the plaint is Annexure 'V to the writ petition On 12-2-1992 a temporary injunction was granted by the Ilnd Additional Civil Judge, Agra, a true copy of which is Annexure '2' to the writ petitions By this order, the Civil Judge restrained the defendants from interfering with the plaintiff's work of excavation of sand. The defendants filed appeal in which the impugned stay order dated 20-2-1992 (Annexure '7' to the writ petition) has been passed. Against this order dated 20-2-1992, the petitioners have filed the present writ petition.