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Chand Khan v. Collector, Mahoba & Others - WRIT - C No. 26479 of 2007 [2007] RD-AH 10402 (5 June 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dilip Gupta, J.

This petition seeks the quashing of the order of the recovery notice dated 7th May, 2007 that has been issued by the Sub-Divisional Magistrate Mahoba under Section 282 of the U.P. Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred to as the ''Act').

The records of the writ petition indicate that Motor Accident Claim Petition No. 57 of 2004 was filed by Smt. Rani. The Insurance Company had been impleaded as opposite party no. 3 while the petitioner was impleaded as opposite party no. 2. The learned District Judge, Mahoba decided the claim petition fixing liability of Rs. 93,000/- on the Insurance Company but liberty was also given to the Insurance Company to recover the amount from the petitioner. This award was not challenged by the petitioner by filing an appeal. The recovery certificate has been issued in compliance of the decision of the Claims Tribunal as the Insurance Company filed Execution Application No. 6 of 2006.

The relief claimed for by the petitioner cannot be granted inasmuch as the petitioner did not challenge the order passed by the Motor Accident Claims Tribunal in Motor Accident Claims Petition No. 57 of 2004.

No relief can, therefore, be granted to the petitioner. The petition is, accordingly, dismissed.

Date: 5.6.2007



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