IN THE HIGH COURT OF JUDICATURE FOR 
RAJASTHAN BENCH AT JAIPUR.

O R D E R

S.B. CIVIL WRIT PETITION NO.14199/2012.

Al-Madina Frozen Foods Pvt.Ltd. 
Vs. 
Civil Judge (Jr.Division) Dudu & Ors. 

Date of order :	               September 27, 2012. 

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

Shri Ajay Kumar Bajpai for the petitioner. 
******
BY THE COURT:-

Contention of the learned counsel for the petitioner is that petitioners wanted to set up a processing unit at Village Nolya, Tehsil Dudu, Jaipur after obtaining NOC from Panchayat Samiti Dudu and Sub Divisional Officer, Dudu. Thereafter, the land was converted for the industrial purposes by the competent authority and consent was given by the Rajasthan State Pollution Control Board under the Water (Prevention & Control of Pollution) Act, 1974 as well as the Air (Prevention & Control of Pollution) Act, 1981. A suit originally was filed by the defendant-respondent in the representative capacity seeking injunction in the court of learned Civil Judge (Junior Division) Dudu, who subsequently transferred the same to the court of learned Civil Judge (Junior Division) Sambhar. Petitioner filed an application under Order 7 Rule 11 CPC raising objection about maintainability of the suit in that suit is barred by the express provisions contained under the Act of 1974 and Act of 1981 and impliedly, provisions of the Rajasthan Panchayat Raj Act, Rajasthan Tenancy Act, 1955 and Rajasthan Land Revenue Act, 1956 etc. The application was filed way back on 14/2/2012 but so far the trial court has not decided the same therefore a prayer has been made that proceedings of the civil suit be quashed. This court cannot sit over the trial of the civil court when an application has been filed under the specific provisions contained in Order 7 Rule 11 CPC in the competent court, which court shall decide the question whether suit is barred or not maintainable. If and when first court decide that question, petitioner can take his remedy before the higher court including this court and any other court of law. As to question of delay, it is evident that application was filed by the petitioner on 14/2/2012 and it has remained pending in that court for last more than three months and suit is still pending. The said court is directed to decide the application/objection in a time bound manner and it is within a period of three months from the date next fixed in the court for hearing considering that it had already remained pending for seven months. With that direction, the writ petition is disposed of.

(MOHAMMAD RAFIQ), J.

Anil/37 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum JW IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR.

O R D E R S.B. CIVIL MISC.STAY APPLICATION NO.12179/2012.

IN S.B. CIVIL WRIT PETITION NO.14199/2012.

Al-Madina Frozen Foods Pvt.Ltd.

Vs.

Civil Judge (Jr.Division) Dudu & Ors.

Date of order :	               September 27, 2012. 

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

Shri Ajay Kumar Bajpai for the petitioner. 
******
BY THE COURT:-

Consequent upon disposal of the petition, this stay application does not survive and the same is accordingly rejected.

(MOHAMMAD RAFIQ), J.

Anil/37 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum J