Court Finds Trial Court and Administrative Authorities Exceeded Jurisdiction, Orders Compensation and Disciplinary Action
In a significant ruling, the Allahabad High Court has directed that possession of a disputed property be restored to Smt. Soni and other co-sharers within 48 hours. The bench, consisting of Justices Manoj Kumar Gupta and Arun Kumar, found that the Trial Court and administrative authorities acted without jurisdiction and in a mala fide manner, leading to the illegal dispossession of the petitioner from her ancestral property. The court also ordered a disciplinary enquiry against the Civil Judge (Junior Division) who passed the questionable orders and directed compensation of Rs. 1,00,000 to be paid to the petitioner by respondent No. 8 for the illegal dispossession and mental trauma suffered by her and her minor children.
In the case titled Smt. Soni v. State of U.P., the petitioner challenged the actions of the Trial Court and administrative authorities, which had resulted in her forcible eviction under the guise of enforcing a prohibitory injunction order. The court found that the Trial Court granted an ex parte prohibitory injunction without compliance with mandatory procedural safeguards and entertained an application under Section 151 of the Civil Procedure Code for restoration of possession without affording an opportunity for a hearing to the defendants.
The judgment criticized the administrative authorities for constituting a joint team to deliver possession to respondent No. 8 without lawful authority or direction from the Trial Court, terming it a gross abuse of administrative powers. The High Court emphasized that the Trial Court exceeded its jurisdiction and acted illegally by passing orders without a prima facie fact-finding exercise on possession and dispossession.
The court further directed that the matter be placed before the Hon'ble Chief Justice for consideration of disciplinary action against the erring Civil Judge. Respondent No. 8, an employee of the District Judgeship Siddharthnagar, was also subject to potential disciplinary action. The court's decision underscores the judiciary's commitment to upholding the rule of law and ensuring that procedural safeguards are not bypassed.
Bottom Line:
Trial Court and Administrative Authorities acted without jurisdiction and in a mala fide manner in dispossessing the petitioner from her ancestral property under the guise of enforcing a prohibitory injunction order.
Statutory provision(s): Civil Procedure Code, 1908 - Sections 151, Order XXXIX Rule 3
Smt. Soni v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2833371
