The Allahabad High Court has sought an explanation from SDM Narval Kanpur Nagar Ayush Chaudhari for ordering to maintain the status quo of the disputed land on administrative application without legal action.
A Single Bench of Justice J.J Munir passed this order while hearing a petition filed by Surendra Singh.
Ayush Chaudhari, Sub-Divisional Magistrate, Tehsil and Pargana Narval, District Kanpur Nagar shall show-cause by his personal affidavit how he has passed an order of status quo on an administrative application made to him without there being any proceedings pending before him either under Section 145 of 133 Cr.P.C or under any provision of the U.P Revenue Code or under any other law, the Court said.
The Court observed that, the order passed by the Sub-Divisional Magistrate, is not only ultra vires and illegal but amounts to usurpation of jurisdiction to an extent that it appears to border on service misconduct. The District Magistrate, Kanpur Nagar, under whom the Sub-Divisional Magistrate concerned is functioning and passing orders of this kind is also answerable.
The Court further said that the District Magistrate, Kanpur Nagar will also furnish his explanation on a personal affidavit how the Sub Divisional Magistrate has passed the order impugned on an administrative application presented to him directing status quo to be maintained by both parties.
“Notice is made returnable on 17.06.2022. Notice shall be served upon the respondents, forthwith by the Registrar (Compliance) through the Chief Metropolitan Magistrate, Kanpur Nagar adopting all urgent means of communication.
Lay this matter as fresh on 17.06.2022, by which time, the personal affidavits of Ayush Chaudhari, Sub-Divisional Magistrate, Tehsil and Pargana Narval, District Kanpur Nagar and the District Magistrate, Kanpur Nagar shall be filed, without fail. In case the required personal affidavits are not filed by both the Officers, the Officers shall appear in person on the said date. In case the requisite affidavits are filed, the Officers need not appear.
Until further orders, operation of the order dated 26.05.2022, passed by the Sub-Divisional Magistrate, Tehsil and Pargana Narval, District Kanpur Nagar shall remain suspended and the Station House Officer, Police Station Narval, District Kanpur Nagar, and the Commissioner of Police, Kanpur Nagar are ordered not to enforce the order of the Sub Divisional Magistrate, Tehsil and Pargana Narval, District Kanpur Nagar, in any manner whatsoever.
Let the order be communicated to the Sub-Divisional Magistrate, Tehsil and Pargana Narval, District Kanpur Nagar through the District Magistrate, Kanpur Nagar, the District Magistrate, Kanpur Nagar, the Commissioner of Police, Kanpur Nagar through the Chief Metropolitan Magistrate, Kanpur Nagar and the Station House Officer, Police Station Narval, District Kanpur Nagar through the Commissioner of Police, Kanpur Nagar by the Registrar (Compliance) forthwith”, the Court ordered.