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Smt. Sukh Devi Sharma v. State Of U.P. And Others - WRIT - C No. 70519 of 2005 [2006] RD-AH 7888 (18 April 2006)


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Civil Misc. Correction/Modification Application No. 79670 of 2006


Civil Misc. W.P. No. 70519 of 2005

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

By order dated 17th November 2005, the operation of the order dated 6th September 2004 had been stayed and notice was directed to issue to the private respondent No. 7. Standing counsel was granted one month's time to file a counter affidavit. Despite this order, the standing counsel has not filed any counter affidavit. The order sheet dated 21st November 2005 indicates that 'R.P.A.D.' notices were issued to the respondent No. 7 fixing 6th January 2006. The next ordersheet dated 19th January 2006 indicates that neither the undelivered cover nor the notices of respondent No. 7 have been returned back after service. It does not appear from the record that respondent No. 7 has put in appearance so far. Service on the respondent No. 7 is deemed sufficient.

The miscellaneous application has been filed seeking a further direction to the S.P. (City) to hand over possession of the shop in dispute to the petitioner by removing the locks from the shop.

This appears to be a normal consequence of the interim order passed by us on 17.11.2005, more so when the private respondent No. 7 has not put in appearance or made any such claim to possession of the shop in dispute. We, therefore, direct the Deputy Collector as well as the S.P. (City) district Auraiya, to remove the locks from the shop in dispute, and hand over its possession to the petitioner forthwith. However, before such handing over, an inventory of the items found in the shop will be prepared by the S.P. (City) and the Deputy Collector jointly, and the petitioner will counter sign the inventory, without which delivery of possession will not be done.

Dated : April 18, 2006



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