Purnima Mahila Swa Sahayata Samooh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.713 of 2016 Purnima Mahila Swa Sahayata Samooh through the President Smt.Milantin Bai Dhruw, W/o Narsingh Dhruw, aged about 42 years, R/o Village Amali, Tahsil-Nagar, Distt.Dhamtari (CG) ---Petitioner

Versus

1. State of Chhattisgarh Through the Collector, Dhamtari, Distt.Dhamtari (CG)

2. Assistant Director, Fisheries Department, Tehsil-Nagari, Distt.Damtari (CG)

3. Sarpanch, Gram Panchayat Amali, Tahsil-Nagari, Distt.Dhamtari (CG)

4. Premlal S/o Devsingh, aged about 50 years R/o Village-Amali, Tehsil-Nagari, Distt.Dhamtari (CG) ---Respondents For Petitioner :

Mr.Awadh Tripathi, Advocate For Res.No.1 & 2 :

Mr. Aditya Sharma. P.L.

For Res.No.3 :

Mr.Sanjeev Sahu, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 01/05/2017 1.

In a suit filed by the petitioner/plaintiff, an application for temporary injunction was rejected by the trial Court by order dated 5.12.2015 finding no prime-facie case, no balance of convenience and no irreparable loss, which has been affirmed by the Appellate Court, against which, this writ petition under Article 227 of the Constitution of India has been filed by the petitioner/plaintiff. 2.

The two Courts have concurrently recorded the finding that the plaintiff has no prima-facie and no balance of convenience lies in her

favour, which is based on evidence available on record. However, considering the fact that suit has been filed way back on 3.10.2015 and nature of suit, I deem it appropriate to direct the trial Court to conclude the suit as early as possible preferably within a period of four months from the date of receipt of copy of this order. Pending application of the petitioner/plaintiff will also decide in the suit. 3.

With the aforesaid observation, the writ petition finally stands disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) JUDGE B/-