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Balwan Singh & Others v. State Of U.P. Thru' Collector & Others - WRIT - C No. 66302 of 2005 [2005] RD-AH 5260 (8 November 2005)


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'ble S.K. Singh, J.

Challenge in this petition is the recovery proceedings pursuant to the citation dated 5.6.2004.

When the matter was initially taken up Sri A.K. Singh, learned Standing Counsel was permitted to obtain necessary instructions in terms of the order of this court. When the matter was taken up today Sri Singh on the basis of instructions so received makes a statement that land of the petitioner has already been auctioned on 24.5.2005 . His submission is that auction has taken place in accordance with law in view of citation so received by the Tahsil Authorities.

Sri Pradip Kumar, learned counsel for the petitioner submits that auction proceedings are totally illegal, void and it is behind the back of the petitioner.

Be as it may, so far validity and propriety of the auction proceedings are concerned as acceptance/rejection of the petitioner's contention depends on examination of various factual and legal aspects which may lead to examination of various records and thus it may not be proper for this court to go into trial at this stage specially in view of the fact that against these proceedings petitioner has effective statutory alternative remedy as permitted under law.

Thus, for the reasons indicated above this court is now not to proceed in this petition with the liberty to the petitioner to take recourse before appropriate forum in respect to the auction proceedings and thus this court declines to interfere in the matter.

However, at this stage Sri Pradip Kumar, learned Advocate submits that petitioner was neither served with any document/details of auction proceeding nor he is in a position to get the same in view of filing of writ petition before this court and therefore, a direction may be given to the Tahsil Authorities to provide all the documents leading to the auction proceeding.

Sri Singh, learned Standing Counsel, in view of the aforesaid, submits that as and when petitioner will apply for copy of needed documents that will be given to him in accordance with law after taking required fee in that respect.  

Accordingly a direction is given to the concerned Tahsildar that as and when petitioner applies for getting copy of required documents that will be supplied to him within a period of ten days from the date of receipt of certified copy of this court along with an application in that respect and required fee, if any. Sri Singh is directed to ensure compliance of this order.

With the aforesaid directions, as indicated above, without interfering in the merits this writ petition stands decided.

Let certified copy of this order be given to the learned counsel for the petitioner on payment of usual charges by tomorrow and to the learned Standing Counsel without any charge.




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