Full Judgment
W.P.No.20231/2012 Vikas Dubey versus G.M.& anr.
10.12.2012 Shri Vipin Yadav, learned counsel for the petitioner.
Shri Govind Patel, learned counsel for the respondents on advance copy.
Heard on the question of admission and interim relief.
The petitioner has filed this petition assailing the order dated 29.11.2012 passed by the respondent No.2, asking the petitioner to remove his liquor shop from KhaSr.No.160, shop No.605 on Jabalpur Katni road by 02.12.2012.
From a perusal of the petition as well as the documents filed alongwith the petition, it is apparent that the petitioner had filed a civil suit in respect of the action proposed to be taken by the respondent No.2, which was registered as C.S.No.53-A/11, but was dismissed in default, subsequent to which the petitioner had filed an application under Order 9 Rule 4 of the C.P.C., which is pending decision and in which notices have already been issued to the respondents.
It is stated that the suit was fixed before the Civil Judge Class I, Katni on 04.12.2012, but no orders thereon have been passed till date.
The learned counsel appearing for the W.P.No.20231/2012 Vikas Dubey versus G.M.& anr.
respondents submits that the respondents shall promptly respond to any notice received by them from the Court and shall comply with the orders passed by the competent civil court in accordance with law.
In view of the aforesaid and looking to the fact that the petitioner had already taken up the issues before the competent court and therefore, the petitioner cannot be permitted to take up parallel proceedings, the petition filed by the petitioner is disposed of with liberty to the petitioner to prosecute the matter and obtain appropriate orders in accordance with law from the civil court before whom the matter is pending.
With the aforesaid liberty, the petition filed by the petitioner stands disposed of.
C.C.as per rules.
(R.S.Jha) Judge gn