=3 k’i“ /z " HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition ( C ) No.1086/2008 PETITIONER Nand Kumar Pandey, S/o Late Shn‘ Narmada Pandey, Aged about 51 years, Occupation — Sewice (Teachsr) R / o Ward No. 8, Ramanujganj, Tah. — Pal, District — Surguja (C. G.) Versus RESPONDENTS 1. The Chief Municipal O$cer, Nagax Panchayat, Ramanujganj, District Surg‘uja (C.G.) The President, Nagar Panchayat, Ramanujganj, District Surguja (C.G.) Shri Raman Agrawal, Proprietor M/s Sagar Interprises, Ramanujganj, District Surguja (C.G.) 4 Deputy Director, Urban administration and Development, Bilaspur (C.G.) State of Chhattisgarh, Through — Collector, Surguja (C.G.) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA /\« Appeaxance : Shri Manoj Mishra, Counsel for the petitioner. Shri Yashwant Singh, Dy. Advocate General for the State. ORAL ORDER 121.02.2008) SUNIL KUMAR SINHA, J. HeaJd on admission. In sum and substance, this petition has been flied against the order dated 2/2/2008 passed by the Civil Judge Class—I, Ramanujganj, District Sarguja (C.G.) in Civil Suit No.1-A/2008 (Annexure P— 1), by which, an apph'cation for temporaxy injunction tiled by the petitioner/plaintiff under Order 39 Rule 1 8r. 2 of the Code of Civil Procedure (LA. No.03) has been dismissed. The petitioner has also claimed the relief for directing the respondent- 2 W.P.(C) No.1086/2008 authorities to take measurement of the plot in question, which according to the pet'm'oner belongs to him. So far as rejection of injunction application is concerned, admittedly, there is a remedy of Filing Miscellaneous Appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure and the petitioner, Without availing the said remedy, has med this writ petition under Article 227 of the Constitution of India. Therefore, for that relief, this writ petition would not be maintainable bypassing the remedy of Miscellaneous Appeal provided under the Code of Civil Procedure. As far as prayer for measurement of the plot in question is concerned, admittedly, the Civil Suit is still pending before the concerned Court. and the petitioner] plaintiif can file an application for measurement of plot through a Commissioner and there is no occasion for this Court to pass a direct order in this regard when the matter is sub—judice. petition. In View of all this, I am not inclined to admit this writ The petition deserves to be dismissed and is accordingly dismissed at the motion stage itself. Sd/— Sunil Kumar Sinha Judge