33. APPLICATION UNDER SECTION 151 CPC FOR VARIATION OF ORDER.[CD1] 

APPLICATION UNDER SECTION 151 CPC FOR VARIATION OF ORDER.

 

 

 

IN THE HIGH COURT OF…………………………

C.M. No.............................................................of 200

IN

C.M. No..................... of 200

IN THE MATTER OF

XYZ…………………………………………….. Petitioner.

versus

CDF ………………………………………............Respondents

 

 

 

APPLICATION UNDER SECTION 151 C.P.C. ON BEHALF OF THE PETITIONER FOR VARIATION OF THE INTERIM ORDER DATED .....................REGARDING STATUS QUO IN SO FAR AS THE PETITIONER IS CONCERNED.

 

 

 

 

Most Respectfully Showeth:

1. That the members of the petitioner were displaced persons who came to India on partition. They had no place to live. The Society in ............ requested Government to allot land to its members in order to have a residential house

2. That the Government had already started acquiring land for resettlemem of displaced persons. The acquisition was made under "Resettlement of Persons (Land Acquisition) ordinance, 1948(XX) of 1948" Notification regard was issued on ...................... On acquisition, the land being more than ......... acres, in village ....... On acquisition the land vested in Government free from all ancumberance

3. That the instant case involves ........................... and …………………of land in Khasra No............... which Khasra comprises of total of ........ and ……………………

4. That originally …………………. Acres of land including the dispute land was was allotted to the petitioner in ........however the land cancelled ………hon’ble Mr.Justice………………allowed the writ petition ………….the matter was taken up to the supreme court and by a consent ordr a reduced area was given to the society ………………..A sum of Rs. …………….crores was paid by the society.

5. That a perpetual lease was executed in favour of the President of India.

Therefore, the Petitioner Society faced rinnumerable cases in regard  to the right of allotment of various members, non members dispute relaxing to seniority, etc. In fact the Society faced cases of encroachment even by  authorities and DTC. Furthermore there are still somr cases pending.

6. That ultimately this Hon'ble Court settled most of the case against the members. It was only in.................. that a draw of lots could be held

 7. That from the year.. onwards the Petitioner after getting the approvals from the Registrar, Co-operative Societies and other at t respect of individual members started handing over possession upon execution perpetual sub-lease by the Government.

8. That out of a total of ............... members, more than ... have actually been executed, possession delivered and in fact members have houses and some are in the process of building. The basic development has since been completed in the form of sewage lines, water lines, electric lines, telephone lines etc. A lot of activities are going on at the site.

9. That the dispute in the instant cases had been created by Respondent No.......... which have issued a notification declaring .................. and ........ in Khasra No. ......... ...... as a Grave Yard. The declaration is totally illegal and after the vesting of the land free from all ancumberances in the Government 40 years ago, there is no question of any such declaration by the Wakf Board.

10. That in fact it is not known as to where this land exactly falls in the entire area. However, the Respondent No. ............. had pointed out a particular area in the presence of the police and the said area includes the area of five specific plots where no construction is being permitted by the Society because of the orders of status quo. The affected members are pressing the Society

mising construction hard because of no fault of theirs. They are held up from raising construction while the costs are increasing day by day.

11. That in view of the narration of the facts above, it is most inequitab the petitioner to be bound by the order of status quo. In fact the petitioners that the notification of the Wakf Board be stayed till the disposal of Me and the interim order be accordingly modified.

12. That the petitioner submits that the instant application is being moved bonofide and in the interest of justice.

It is therefore most respectfully prayed that this Hon'ble Court may to vary the interim order of status quo dated .......and the petition be  released from the orders of status quo.

Petitioner through Advocate

Place :………………

Date :………………..

 

 

 [CD1]APPLICATION UNDER SECTION 151 CPC FOR VARIATION OF ORDER.