JUNAID AHMAD BHAT Vs. CHAIRMAN BOCA AND ORS.

JUDGEMENT

(1.) This writ petition is directed against the order dated 26.02.2014 passed by the 1st Appellate Court of Additional District Judge, Srinagar, in Civil Miscellaneous Appeal filed by the respondents 7 to 10 against the order dated 18th November, 2013, of the learned Municipal Magistrate, Srinagar, in application for temporary injunction forming part of the civil suit titled Junaid Ahmad Bhat v. Chairman (Commissioner, SMC) and others, in terms whereof learned Additional District Judge, Srinagar, set aside the order of temporary injunction restraining the respondents 7 to 10 from operating and running the diesel generator installed on spot. The petitioner has invoked the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India read with Sections 103 and 104 of the Constitution of Jammu and Kashmir for issuance of a writ of certiorari for quashing the order dated 26.02.2014 passed by the learned Additional District Judge, Srinagar. He has also sought writ of mandamus directing the respondents 7 to 10 to stop forthwith the operation of the diesel generator set installed by them for manufacture of Naswar in their factory at Jamalatta, Srinagar. The factual matrix of the case may briefly be adverted to. Petitioner filed a suit before the trial court praying for restraining respondents 7 to 10 from operating and running the diesel generator installed by the said respondents in their factory, on the ground that diesel generator installed in front of the house of the petitioner was causing nuisance to the petitioner and others living in the neighbourhood. He also prayed that the respondents 1 to 4 be directed to remove the said heavy diesel generator. Alongside, the petitioner filed a motion for temporary injunction. On consideration of the matter, the trial court in terms of order dated 20.09.2012, granted temporary injunction restraining the respondents 7 to 10 from operating the heavy diesel generator in violation of the rules. After hearing both the parties, the ex parte interim order dated 20.09.2012 was made absolute in terms of order dated 18.11.2013. Feeling aggrieved of the interim order, the respondents 7 to 10 preferred an appeal against the same before the learned Additional District Judge, Srinagar, who, after considering the matter, passed the impugned order dated 26.02.2014 allowing the appeal and setting aside the order dated 18.11.2013 passed by the learned Municipal Magistrate, Srinagar. The impugned order has been assailed on the grounds summarized hereunder:

(2.) Respondents 7 to 9 have filed detailed reply and have contested the averments made in the writ petition on the grounds summarized hereunder:

(3.) With the consent of the learned counsel for the contesting parties, this writ petition is taken up for final disposal.