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R.R. SINGH versus A.D.M. BANDA

High Court of Judicature at Allahabad

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R.R. Singh v. A.D.M. Banda - WRIT - C No. 1579 of 1989 [2007] RD-AH 6727 (12 April 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.R.P.Misra, J.

Hon.Shishir Kumar, J.

Heard the learned counsel for the petitioner Sri G.D.Mishra and learned counsel for the respondent Sri J.H.Khan holding the brief of Sri W.H.Khan and the learned Standing Counsel.

This writ petition was filed for stay of the recovery of the amount of Rs.9048/-. A conditional order was passed by this Court on 31.3.1989 with a condition that in case the petitioner deposits a sum of Rs.5265.20, then further recovery be stayed. The petitioner who was an auction purchaser of the wheat, the auction sale was set aside by the State Government. In such circumstances the petitioner was directed either to return the amount or to return the wheat which was in his Supurdagi. The petitioner is not able to show whether the condition laid down by the order dated 31.3.1989 has been complied with  or not. The writ petition is of 1989 and from the order it does not appear that there is any illegality in directing the petitioner to return the wheat or the value of the wheat which was purchased in auction by the petitioner. As the auction has already been canceled, therefore, the owner of the wheat is entitled either for goods  for the amount

In view of the aforesaid fact, we find no illegality in the order. The writ petition is devoid of merit and is hereby dismissed.

No order as to costs.





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