ALI BUX Vs. DISTRICT JUDGE

JUDGEMENT

(1.) This is a petition for issuing a writ in the nature of certiorari quashing the impugned orders dated 5.3.2003 and 19.7.2004 contained in Annexures-3 and 4 to the writ petition and for issuing a writ in the nature of mandamus commanding the opposite parties not to dispossess the petitioner from the shop in dispute.

(2.) I have heard Shri Akhlaq Ali, the learned counsel for the petitioner and Shri Asit Chaturvedi for the opposite party Nos. 3 to 6.

(3.) The case of the petitioner is that the land on which the disputed shop is constructed belonged to him and he obtained it 50 years ago from the then Zamindar of Takiya Kalan Bharaich on payment of Rs. 20 as nazrana and he was given permission to construct the shop over it and since then he was in possession over the shop in question. His possession was threatened by the opposite parties. Therefore, he filed a suit for permanent prohibitory injunction in the Court of the Civil Judge (Junior Division), Bahraich and during the pendency of the suit ; he also moved an application under Order XXXIX, Rules 1 and 2, C.P.C. for temporary injunction. It was opposed by the Railway Department by filing objection through Annexure-2. It was pleaded by the railways that the land belongs to Union of India and a case for eviction of the petitioner being unauthorized occupant is pending since 1988 under the Public Premises Act and therefore, the petitioner was not entitled for any injunction. The learned civil Judge dismissed the application for injunction vide order dated 5.3.2003 (Annexure-3). The petitioner filed an appeal, which was also dismissed, vide judgment and order dated 19.7.2004 (Annexure-4).