PREMVATI MEENA Vs. URBAN IMPROVEMENT TRUST, ALWAR

JUDGEMENT

(1.) Although, the matter comes up on an application No.1/2022 filed under Article 226 (3) of the Constitution; but, with the consent of the learned counsels for the respective parties, the writ petition was heard on its merit at this stage.

(2.) This writ petition under Article 227 of the Constitution of India assails the legality and validity of the order dtd. 21/5/2022 passed by learned Civil Judge No.1, Alwar in Case No.41/15/22 whereby, while partly allowing the application filed by the respondent No.2 under Sec. 151 CPC, a direction has been issued to demolish the construction raised by the petitioner on her plot in violation of interim direction of the Court and Building Bye- laws.

(3.) The facts in brief are that the respondent No.2 filed a suit for mandatory and permanent injunction against the petitioner alleging that she was raising construction on Plot No.E-251, Ambedkar Nagar, Alwar in violation of the Building Bye-laws covering the front setback. While deciding the temporary injunction application filed by the respondent No.2 alongwith the suit, the learned trial Court, vide its order dtd. 13/1/2022, restrained the petitioner from raising the construction on her plot. In civil miscellaneous appeal preferred by the petitioner thereagainst, the learned appellate Court vide its order dtd. 5/4/2022 permitted the petitioner to raise construction on her plot in accordance with Building Bye-laws with injunction not to raise construction on disputed part of the property marked as "ABCD" in the blueprint. Alleging that the petitioner has raised construction in violation of interim direction of the Court as also in violation of the Building Bye-laws, the respondent No.2 filed an application under Sec. 151 CPC praying therein to demolish the illegal construction so raised. The application has partly been allowed by the learned trial Court vide its order dtd. 21/5/2022, the subject matter of challenge.