The Allahabad High Court has stayed the order of the Kotwali in-charge of Basti district to appear with the paper despite the temporary injunction of the civil judge and issued notice to the Kotwali Inspector and directed him to appear on July 11 with explanation.
A single bench of Justice J.J. Munir passed this order while hearing a petition filed by Dinesh Kumar Yadav.
The original suit has been filed by the plaintiff-respondents for relief of cancellation and recovery of possession. In said suit, the defendant-1st set, the petitioner has made a counter-claim to the effect that the petitioner may not be dispossessed, except in accordance with law. In aid of the said counter-claim, a temporary injunction application has also been made by the petitioner.
No orders, it is alleged, are being passed on the temporary injunction application dated 10.11.2021 filed by the petitioner- defendant in Original Suit aforesaid. Taking advantage of the aforesaid delay by the Trial Judge in passing orders on the temporary injunction application filed by the defendant-petitioner, the plaintiff-respondents, in connivance with the police, are seeking to dispossess the petitioner, otherwise than in due course of law.
Tripathi B.G. Bhai, counsel for the petitioner, has drawn the attention of the Court to a notice issued by the Inspector In-charge, P.S Kotwali, District Basti, whereby he has summoned the petitioner Dinesh Kumar Yadav along with all papers relating to his claim about the suit property. This notice has been issued on a printed proforma. A reading of the notice issued by the Inspector In-charge, P.S Kotwali, District Basti shows that the Inspector has a proforma ready with him to decide civil causes. Prima facie, he is virtually functioning as the Civil Judge, the Court noted.
Prima facie, the notice issued by the Inspector, P.S Kotwali, Basti is downright usurpation of the jurisdiction of the Civil Court and interference in the functioning of the Civil Judicature. The notice also shows that the plaintiff is indeed attempting to dispossess the petitioner, otherwise than in due course of law, and that too, with the aid of the local Police, the Court observed.
The Court issued notice returnable on 11.07.2022 and steps be taken within a week.
“The Inspector In-charge, P.S Kowali, District Basti shall remain present in person on the date fixed to explain his conduct in issuing a patently ultra vires notice dated 08.05.2022 and show cause why appropriate orders, recommending disciplinary action may not be made against him.
The Superintendent of Police, Basti shall also file his personal affidavit, explaining the circumstances under which the Inspector In-charge, Kotwali Basti working under his supervision is misusing his Office, and usurping the Civil Judge’s jurisdiction, prima facie without any supervision. In case the personal affidavit, as directed, is not filed by the date fixed, the Superintendent of Police shall also remain present in person. However, if the said affidavit is filed, the Officer need not appear. As far as the Civil Judge (Junior Division), Basti is concerned, he will pass appropriate orders on the application for temporary injunction”, the order reads.
“Until further orders of the Court, the petitioner shall not be dispossessed from the suit property except in accordance with law. The operation of the notice dated 08.05.2022 issued by the Inspector In-charge, P.S Kotwali, District Basti shall also remain suspended until further orders and the petitioner shall not be compelled by the Police to appear before them in this connection.
The Civil Judge (Junior Division), Basti, before whom Original Suit is pending, is directed to hear and decide the temporary injunction application dated 10.11.2021 filed by the petitioner in the counterclaim made in the suit, on or before the next date fixed, uninfluenced by anything said in this order”, the Court ordered.
The Court has fixed the next hearing of the petition on July 11, 2022.