High Court of Judicature at Allahabad
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Bharat Ram v. State Of U.P. And Others - WRIT - C No. 4936 of 2005  RD-AH 9480 (15 May 2006)
Learned counsel for the petitioner states that petitioner has been arrested in realization of the dues under my order dated 3.2.2005. Arrest has taken place on 9.5.2006. Learned counsel for the petitioner states that in case petitioner is released from custody then at least Rs.5,000/- will be deposited by him within three days there from. Accordingly, it is directed that petitioner must be released forthwith. This order of release may be communicated or telephoned by Shri S.P.Misra, learned standing counsel present in court to the Sub Divisional Officer concerned so that petitioner may be released today itself. Thereafter within three days he must deposit Rs.5,000/-. Remaining amount shall be deposited by the petitioner positively within one month failing which fresh recovery proceedings shall initiated against him.
S.D.O. concerned must also file his own affidavit explaining that why possession of the pond was not taken from the petitioner when he failed to deposit Rs.20,000/- within one month in pursuance of my judgment and order dated 3.2.2005 and why he waited till May 2006 to take possession of the pond in dispute.
S.D.O. is directed to re-auction the pond forthwith after due advertisement in the Newspaper. Petitioner shall not be permitted to bid in the auction.
List on 25.5.2006 on which date affidavit of S.D.O. must be filed and in the said affidavit steps taken till then for re-auction of the pond in dispute shall also be mentioned.
Copy of the order may be supplied free of cost to Sri S.P.Misra, learned standing counsel present in court by tomorrow.
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