The Allahabad High Court has directed the General Manager North Central Railway Office, HeadQuarter, Allahabad to appear in person on March 20 along with the records for not providing the sought information and directed to continue the status quo of the disputed building.
A Single Bench of Justice Prakash Padia passed this order while hearing a petition filed by Radheyshyam Gupta (Deceased) and Another.
The Court noted that,
After hearing counsel for the parties at length vide order dated 31.01.2023, Mukteshwar Upadhyay, counsel appearing on behalf of respondent nos 1 to 4 was granted time till 27.02.2023 to seek instructions in the matter.
An interim protection was also granted in favour of the petitioners. Order dated 31.01.2023 is reads as follows:-
“The arguments advanced by counsel for the petitioners is that the court below has manifestly erred in rejecting the miscellaneous appeal on the ground that O.S No 423 of 2008 instituted by the petitioners came to be dismissed for want of prosecution on 29.04.2015, whereas the said order came to be recalled by the trial court vide its order dated 14.8.2018, which has been brought on record as annexure 8 to the petition. It is further submitted that there was a clear order of status quo operating when initially miscellaneous appeal was filed in the year 2008 against the order of the trial court dated 24.11.2008 whereby ad interim temporary application filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 was rejected. He submits that if an interim injunction is not granted, the respondent authorities would immediately bulldoze down the house already standing upon the land in dispute.
Prima facie the arguments advanced by counsel for the petitioner appears to have substances and matter requires consideration.
At this stage, counsel for the respondent nos 1 to 4 Mukteshwar Upadhyay seeks time to have instructions in the matter.
Put up this matter as fresh on 27th February, 2023.
In the meanwhile, parties are directed to maintain status quo in respect of the suit property. “
On March 03, when the matter was taken up, a prayer was made by Mukteshwar Upadhyay, counsel for the respondent nos 1 to 4 that no instructions had been received till date from the office of the aforesaid respondents. Notice in the aforesaid case was received in the office of Additional Solicitor General of India on 25.01.2023 and 27 days time was granted by the Court to seek instructions vide order dated 31.01.2023.
It appears from perusal of the record that the matter is pertaining to District Kanpur Nagar and offices of the two respondents are situated in Allahabad itself. It is unfortunate that in spite of the fact that more than six weeks has already been lapsed but till date no instructions were provided by the office of the respondents, the Court observed.
“In the circumstances, General Manager, North Central Railway Office, HeadQuarter, Allahabad is directed to appear in person before the Court along-with necessary records in order to assist the Court on the next date fixed in the matter.
Interim protection granted by the Court dated 31.01.2023 is made absolute”, the Court ordered.
The Court has fixed the next hearing of the petition on March 20, 2023.