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Bal Kalyan Samiti v. D.M. And Another - WRIT - A No. 73133 of 2005  RD-AH 15836 (12 September 2006)
Civil Misc. Writ Petition No.73133 of 2005
Bal Kalyan Samiti, Bareilly
District Magistrate, Bareilly and others
Hon. Sanjay Misra, J.
Notices were issued to the respondent no.4 and in view of office report dated 13.7.2006 the service upon respondent no.4 is deemed sufficient under the Rules of Court. Sri V.N.Pandey has put in appearance on behalf of the respondent no.3. Learned Standing counsel appears on behalf of the respondent nos.1 and 2.
By means of this writ petition, the petitioner who claims himself to be a society has sought direction to the respondent nos.1 and 2 to take step for delivery of possession of the allotted portion of house no.35A/10 Rampur Garden, Bareilly in pursuance of allotment order dated 8.1.1992 passed by respondent no.1. The contention of learned counsel for the petitioner is that although Form-C ( order to unauthorized occupant to vacate) was issued on 5.12.1998, respondent nos.1 and 2 have not taken any step to deliver the possession to the petitioner.
In the counter affidavit respondent nos.1 and 2 have stated that the petitioner is not a registered society and no certificate of registration has been filed by them. Consequently the petitioner is not entitled for any relief as claimed before this court.
It is contended by learned counsel for the petitioner that the stand taken by respondent nos.1 and 2 with respect to not being a registered society is factually incorrect apart from the fact that there is an order of allotment in favour of the petitioner. It is further stated by learned counsel for the petitioner that order of allotment dated 8.1.1992 is still operative and no proceeding has been initiated against the same nor any proceeding is pending and as such the petitioner is entitled for the relief claimed.
In view of above, it is provided that in case the petitioner makes an application before the respondent no.2, he shall decide the same strictly in accordance with law within a period of four months from the date such an application is made alongwith certified copy of this order. It is made clear that respondent no.2 will issue notice to the landlord and any other person who may be claiming any right in the property in question. The question of limitation if it arises may also be considered by respondent no.2.
The writ petition is disposed of finally. No order is passed as to costs.
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