LAXMAN SINGH Vs. GWALIOR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) HEARD . The petitioner has filed this petition against a notice Annexure P/1.

(2.) AS per the petitioner, he purchased a plot from Ganesh Grih Nirman Sahkari Sanstha, Gwalior vide registered sale -deed dated 27/12/2007. The plot was allotted to the Cooperative Society by the Gwalior Development Authority. There is a dispute in regard to ownership of the plot, hence, the petitioner filed a Civil Suit for declaration and permanent injunction, which is pending before learned 7th Civil Judge, Class -I, Gwalior. In the aforesaid suit, the defendant No.2 Smt. Manju Sharma also filed a counter claim. The petitioner also filed an application for permanent injunction in the aforesaid Civil Suit, that was rejected by the trial Court. Earlier, a petition was filed by the petitioner before this Court against the order dated 25/3/2010 passed by 7th Civil Judge, Class I, Gwalior in Civil Suit No.3 -A/2010 and also against the show cause notices dated 23/2/2009 and 15/3/2010. The aforesaid petition was dismissed by this Court with the following observations:

(3.) LOOKING to the aforesaid facts of the case, in our opinion, prima facie it appears that the petitioner has no legal right for encroachment over the suit land. A civil suit has already been filed by the petitioner, which is pending for adjudication. Looking to the aforesaid facts of the case, in our opinion, there is no merit in this petition.