Pending writ petition
Krishna Raju
(Querist) 15 August 2015
This query is : Resolved
Dear Sir/Madam,
One of our villager filled a writ petition in High court claiming our agriculture land as a government land, he submitted affidavit to the high court and deliberately hide many facts about the assignment and earlier court judgement. High court gave interim order and asked the petitioner lawyer to give personal notices to us.
Our advocate and government advocate (GP) responded to the WP with facts and details of earlier judgements and prayed to dismiss the baseless petition.
This case is pending in the court POSTING STAGE : INTERLOCUTORY(REVENUE), and we have been told as court is not picking up this case for further processing due to courts busy schedule.
Despite court didn't give any stay, petitioner illegally claiming the interim order as a stay order as not to do any cultivation in the lands which is in our sole enjoyment in past 60 years, which is causing huge financial loss and mental tension to our family.
We have been filling police cases every time they interfere in our agriculture activities, however they are getting a bail on the day and doing the same things repeatedly and again all police cases are pending in the courts.
Since this baseless petition we are struggling a lot, could you please advise what can be done to lift this WP by the court either dismissal or argument.
Thanks
Krishna
Sudhir Kumar, Advocate
(Expert) 16 August 2015
Seems you are not coming with full facts.
why cannot you apply for vacation of interim order if it is obtained by misleading court.
Krishna Raju
(Querist) 16 August 2015
Dear Sudhir Kumar,
Thank you very much for your response, we have applied for interim order vacation in Feb 2015 as a response of interim order issued in Jan 2015 and Government also filled counter affidavit in 1st week of July 2015 and prayed to dismiss the petioner's false petition, Government did mention the facts of this case as this land was assigned to my grand father under freedom fighters quota in 1967. Government also mentioned previous judgement reference in the counter affidavit and the fact of lower courts declared this as there were no legal violations in the assignment, against to the case filled by few others in 1967 on the same property.
From past 8 months we are waiting for intrim order vacation by the court.
However the petioner giving troubles from last two years and we lost two consecutive crops so far.
Please advise.
Thanks
Krishna
P. Venu
(Expert) 16 August 2015
What is the interim order? Was it given ex-parte?
Krishna Raju
(Querist) 16 August 2015
Dear Mr.Venu,
Thank you for your kind response.
No, it was not an ex-parte.
Court directed issue of notice to the Respondents(Government) herein to show cause as to why this petition should not be complied with, made the following order.
ORDER
Interim direction as prayed for.
Learned counsel for the petitioner is permitted to take out personal notice on the respondents 5 to 7 (we) through RPAD and file proof of service into the Registry.
Thanks
Krishna
Guest
(Expert) 16 August 2015
The Senior Expert is Mr.P Venu and Not Vasu Please.
Krishna Raju
(Querist) 16 August 2015
Thank you Mr.Rajkumar, it is now corrected.
Guest
(Expert) 16 August 2015
Welcome and I Appreciate
Guest
(Expert) 16 August 2015
Please wait for the Experts already Attended you to come back Please.
Krishna Raju
(Querist) 19 August 2015
Dear Sir,
I hope, I have provided all details about the case. Please suggest.
Since this case in pending in high court because of court's busy schedule. What we can do further to get the justice as soon as possible.
I have few thoughts please excuse if my thinking is not correct.
1. Can I write RTI application to high court to know why the case is pending with no reason (All counter affidavits, stay vacation already filed). Just waiting this case to be called by court.
2. Can we file another writ petition by addressing obligations not obeying previous court judgement, mis-leading the court by deliberately hiding the facts.
Thanks,
Krishna
Anirudh
(Expert) 19 August 2015
According to you, the Court has passed the following order:
Interim direction as prayed for.
Now please tell as to what was the interim direction that was prayed by the petitioner.
Guest
(Expert) 19 August 2015
Request Your Advocate To Mention about the Urgency Of the Case In the Concerned Court either Before Hearing Could begin Or After the Hearing Ends And Request the Court the Case to be Heard On Priority,Court Will Issue a Slip to the Concerned Section which is to be delivered by your Advocate and The Case Will be Posted with in 2 days.Or Else your Advocate Should Submit a Letter Regarding Urgency to the Concerned Court's Registrar in High Court and Some Times It would be Slow.Better Ask your Advocate To Make Representations In the Court It Self.
