HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - C No. - 38105 of 2015 Petitioner :- Heera Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- H.C. Mishra,Narendra Mohan Counsel for Respondent :- C.S.C. Hon'ble Arun Tandon,J.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned counsel for the respondents.
This petition has been filed seeking quashing of the impugned order dated 12.6.2015 passed by the respondent no.2, District Magistrate/Collector, Jhansi.
Let the District Magistrate/Collector Jhansi appear before the Court on 3.8.2015 along with his personal affidavit for explaining that when the parties are litigating in respect of their rights over the property in dispute before a Civil Court and even if there is an injunction order in favour of one of the parties, how can the District Magistrate come into the picture and issue directions that the sale deed executed may not be registered.
We may record that the appellate court had refused to interfere in the matter.
This Court on an earlier occasion had required the State Government to issue a Government Order informing all the District Magistrates and district authorities not to interfere in property disputes specifically when the parties are litigating in the competent court of law. We have been informed that such Government Order had, in fact, been issued but still the District Magistrate/Collector, Jhansi has shown little or no respect to the Government Order. It is for this reason, we ask him to explain his conduct.
Meanwhile, no further action shall be taken in terms of the order dated 12.6.2015.
Issue notice to respondent no.4 fixing 3.8.2015 as the date steps within a week by speed post.
List the matter on 3.8.2015.
Order Date :- 13.7.2015/Ashish Pd.