TRIPTA DEVI Vs. SANJI RAM

JUDGEMENT

(1.) This is an application moved on behalf of the respondent no. 1 for seeking modification of the interim order passed by this Court on 19/6/2018 to the extent of granting liberty to the applicant- respondent no.1 for removing/uninstalling the shuttering material of the roof of semi constructed building on the land subject of the dispute in the writ petition.

(2.) In the application, it is pleaded that the dispute with regard to the land measuring 10 Kanals and 03 Marlas comprised in Khasra No. 538 along with other land is subject matter of the dispute in the writ petition filed by the non-applicant/Tripta Devi, in which this Court, vide its Order dtd. 19/6/2018, directed the parties to maintain status quo. It is claimed by the applicant that by the time, the order of status quo was passed by this Court, she had already raised the construction of the building and had laid lintel of the roof. But because of the interim order of status quo passed by this Court, she has not been able to remove the shuttering, which she had borrowed on rent from some contractor. It is, thus, submitted that in case she is not permitted to uninstall the shuttering and deliver the shuttering material back to its owner, she would be put to irreparable loss.

(3.) The application is vehemently contested by the writ petitioner-non- applicant. On her behalf, it was contended that the respondent no. 1 has raised the construction on the land subject matter of the dispute in writ petition, in violation of the order of status quo granted by this Court on 19/6/2018. It is further submitted that the order of this Court was not honored by the respondent no. 1 from the very beginning, which made the petitioner to approach this Court by way of IA No. 01/2018 seeking indulgence of the Court to direct the Senior Superintendent of Police, (SSP), Samba to ensure that no construction is raised in violation of the order of status quo passed by this Court. It is stated that the application of the writ petitioner was allowed by directing the SSP, Samba to get the spot inspected through a police officer to be deputed by him and ensure that the direction of status quo passed by this Court was strictly implemented.