Dr. B.K.Gupta vs Judge Small Couse Court,Agra And ...
2014 Latest Caselaw 6484 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 36773 of 2011
 

 
Petitioner :- Dr. B.K.Gupta
 
Respondent :- Judge Small Couse Court,Agra And Another
 
Counsel for Petitioner :- Swapnil Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Mithal,J.

Sri Manoj Goswami, learned standing counsel again seeks time on the ground that pursuant to the direction of this Court, the revision has been decided on 9.9.2014 which has to be challenged by means of a writ petition. 

The decree of eviction was passed as far as back as on 14.11.1991. It has attained finality. Objections of the tenants under section 47 have been rejected and so is the revision. Thus there appears to be no justification for the tenant to continue in possession.

The Collector was required to file affidavit as to why since 1991, the possession could not be delivered as there was no stay against the decree of eviction from any higher court.  The Collector has filed his affidavit stating that against rejection of the objections under section 47 when the revision was filed an undertaking was given that the eviction procedure would not take place till the disposal of the stay application. He has cleverly avoided to point out as to whether the said undertaking was for a limited period or was extended and as to what happened to the stay application in the revision.

The affidavit filed by the Collector is only an eye wash. Previously also this Court was compelled to summon the Collector and the DIG concerned vide order dated 1.1.2011. In spite of this, the officers are sitting mum and unable to explain why the decree of eviction passed in 1991 is not being allowed to be implemented . It appears that  simply for the reason that the police authorities are in possession of the disputed premises, no action is being taken to put the landlord in possession of it making a mockery of the the decree of eviction.

In view of the above facts and circumstances, the court reluctantly adjourns the matter in the interest of justice to let the respondents exhaust all their remedies subject to payment of Rs. 5000/- (five thousand)as cost be paid to the other side.

Accordingly, list this writ petition on 23.9.2014.

Order Date :- 15.9.2014

SKS