HC tells Auraiya judge to attach suit property

Prayagraj: The Allahabad high court on Thursday directed the civil judge (senior division), Auraiya to undertake an inspection of the suit property and hold an inquiry as to whether any construction of police chawki has been raised or attempted in violation of this court’s order of temporary injunction dated March 14, 2019 passed in this appeal. It was further directed that the civil judge, Auraiya shall put the entire suit property under immediate attachment.
Hearing a second appeal filed by one Satyawati Devi of Auraiya district, Justice JJ Munir directed the civil judge (senior division), Auraiya to obtain requisite photographs and also record necessary statements of persons well acquainted with the facts, alleged by the applicant relating to the raising of construction in violation of this court’s order.
It is further directed that the civil judge, Auraiya shall put the entire suit property under immediate attachment and entrust the same to an officer of the civil court within 48 hours. All the machinery and tools on the spot shall also be attached within the same period of time after preparing an inventory thereof. The aforesaid orders shall be carried out by the civil judge (senior division), Auraiya in the presence of Auraiya district magistrate, superintendent of police, sub-divisional magistrate and the chief executive officer, Nagar Palika Parishad.
The attachment will be carried out within 48 hours but in all events before 05:00 p.m. on August 22, 2021.
The court directed to list this matter on August 25, 2021.
During the court proceedings, appearing on behalf of the applicant, senior advocate Pradeep Kumar alleged that an order of temporary injunction passed by this court on March 14, 2019 is being brazenly flouted by the Nagar Palika Parishad, Auraiya under the directions, aid, assistance and active participation of Auriaya district magistrate and the superintendent of police.
It is stated that the order of status quo to be maintained on the spot regarding the suit property has been violated with impunity, though it was served by speed post under covering memo dated July 19, 2021, dispatched on July 20, 2021 upon the Nagar Palika Parishad, Auraiya through its executive officer, and also upon Auraiya district magistrate and superintendent of police.
He further contended that a copy of the order has also been served upon the pargana adhikari, Auraiya. It is submitted that a notification was issued on July 20, 2021 in a Hindi newspaper, advertising that on the suit property, a police chowki shall be constructed despite knowledge of the interim injunction order passed by this court dated March 14, 2019.
It is stated that the injunction order has been violated by raising construction over the suit property, where JCB machines have been deployed.