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BUDDH PRAKASH & OTHERS versus COLLECTOR MEERUT & OTHERS

High Court of Judicature at Allahabad

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Buddh Prakash & Others v. Collector Meerut & Others - WRIT - C No. 14228 of 2003 [2007] RD-AH 3377 (28 February 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. S.P. Mehrotra, J.

Pursuant to the order dated 16.1.2007, the case is listed today. The said order is reproduced below:

"By an order dated 13.11.2006, District Magistrate, Meerut was directed to comply the order dated 3.4.2003 by making recovery from assets of the employer. Learned Standing Counsel states that he has not received the compliance report.

The District Magistrate, Meerut shall appear in person before this Court on the next date fixed and explain his conduct to the effect that why steps have not been taken for compliance of the orders dated 3.4.2003 and 16.11.2006. In case District Magistrate complies the aforesaid orders and entire amount recovered is paid to petitioner, he need not appear in person but he has to submit his personal affidavit to that effect only.

List this case on 28.2.2007."

Civil Misc. Application (for exemption of personal attendance)  No........of 2007 has been filed today on behalf of the District Magistrate, Meerut (Mukesh Kumar Meshram), inter-alia, praying that personal attendance of the District Magistrate, Meerut (Mukesh Kumar Meshram) on 28.2.2007 (i.e., today) be exempted.

Registry is directed to give appropriate number to the said application.

An affidavit, sworn on 28.2.2007 by Ashok Kumar, Additional City Magistrate (Civil Lines), Meerut has been filed in support of the aforesaid Application.

It is, inter-alia, stated in the said affidavit that after receiving the Fax Message regarding the aforementioned order dated 16.1.2007 from the Office of the Chief Standing Counsel, the District Magistrate, Meerut himself enquired the matter and prepared a parawise detail events explaining therein as to why the recovery could not be made; and that Rakesh Kumar was deputed on 23.2.2007 for preparation of affidavit as per the directions given by this Court; and that the affidavit has been prepared on 26.2.2007, and only signature of the District Magistrate, Meerut is required.

It is, inter-alia, further stated in the said affidavit that a Fax Message was received on 25.2.2007 at 3.20 p.m. in the Office of the District Magistrate, Meerut written by Anuj Kumar Vishnoi, Chief Election Officer stating therein as quoted in paragraph 5 of the said affidavit.

It is, inter-alia, further stated in the said affidavit that after receiving the aforesaid Fax Message, the District Magistrate immediately contacted the Chief Standing Counsel as well as the concerned Standing Counsel on telephone and explained the entire circumstances and also sent a Fax Message in the Office of the Chief Standing Counsel, High Court, Allahabad for intimation to this Court.

It is submitted by Shri Pankaj Rai, learned Standing Counsel appearing for the District Magistrate, Meerut that on account of the Fax Message quoted in the aforesaid affidavit, the District Magistrate, Meerut is required to be present at Lucknow for the meeting to be held on 28.2.2007 (i.e., today), and in the circumstances, the District Magistrate, Meerut has not been able to come to Allahabad in compliance with the directions given in the order dated 16.1.2007.

Shri Pankaj Rai, learned Standing Counsel appearing for the District Magistrate, Meerut assures the Court that needful in compliance with the directions given in the order dated 16.1.2007 will be done by the next date fixed in the matter.

In view of the circumstances mentioned in the aforesaid Application and its accompanying affidavit, and in view of the assurance given by Shri Pankaj Rai, learned Standing Counsel appearing for the District Magistrate, Meerut, the personal presence of the District Magistrate, Meerut (Mukesh Kumar Meshram) is exempted for today only. Let needful be done in accordance with the terms and conditions laid down in the order dated 16.1.2007 as also the orders dated 3.4.2003 and 16.11.2006 by the next date fixed in the matter.

List this case on 28.3.2007.

The District Magistrate, Meerut will appear in person before this Court on the said date and explain his conduct to the effect as to why steps have not been taken for compliance of the aforesaid orders of this Court. In case, the District Magistrate, Meerut complies with the aforesaid orders, and the entire amount recovered is paid to the petitioner, he need not appear in person on the said date; instead, he will file his personal affidavit to the said effect on the said date.

The case will not be treated as tied-up with me.

Copy of this order will be issued to the learned Standing Counsel free of charges by 2.3.2007.

Dt. 28.2.2007

Safi


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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