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Smt. Chandrawati & Others v. D.M. & Others - WRIT - C No. 45062 of 2000  RD-AH 7794 (19 December 2005)
Civil Misc. Writ Petition No. 45062 of 2000
Smt. Chandrawati and others vs. District Magistrate Bulandshahr and others
Hon'ble Yatindra Singh, J
Hon'ble RK Rastogi, J
1. Petitioner no. 1 is wife of respondent no.4. Petitioners no. 2 and 3 are sons of respondent no.4. Respondent No. 4 had taken some loan from respondent no. 5. Respondent no.5 started recovery proceedings against respondent no.4 in which disputed property was being auctioned. According to the petitioners, this property belongs to them and can not be auctioned.
2. We have heard counsel for the petitioner and standing counsel for the respondents. It is not disputed that petitioner no. 1 is wife of respondent no.4 and petitioners no. 2 and 3 are sons of respondent no.4. They are alleged to have purchased the property on 16.12.1998 after the loan had been taken by respondent no.4. In case the property belongs to them and its auction is held, then they may challenge the same under rule 285-I of the UP Zamindari Abolition and Land Reforms Rules or file a suit for declaration of their rights. With these observations the writ petition is dismissed.
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