Smt. Saba Akhtar vs Deputy Collector, Biswa Distt. ...
2013 Latest Caselaw 2124 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- CRIMINAL REVISION No. - 211 of 2013
 

 
Petitioner :- Smt. Saba Akhtar
 
Respondent :- Deputy Collector, Biswa Distt. Sitapur & Ors.
 
Petitioner Counsel :- V.K. Pandey
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

1.  Learned counsel for the petitioner contends that in regard to the shop which is stated to be nuisance, a civil suit was filed in the year 2005.  Copy of the plaint has been appended with the petition as Annexure-5.  In regard to the same property an application under Section 133 Cr.P.C. has been filed.  It has been pointed out that the petitioner purchased the property from respondent nos.2 to 4 through a valid sale deed.  In the sale deed property at issue had been described.

2.  Issue notice to respondent nos.2 to 6 through the Chief Judicial Magistrate, Sitapur, returnable on 08.7.20213.

3.  Demolition of property shall remain stayed till the next date of listing only.

4.  It is made clear that in case assertion made on behalf of the petitioner is found to be factually incorrect, after receipt of counter affidavit, costs amounting to Rs.20,000/-(Twenty thousand only) shall be imposed on the petitioner.

5.  State is also directed to file reply.

6.  List on 08.7.2013.

Order Date :- 15.5.2013

A.Nigam