Ajeet Singh And Another vs D.M. , Sitapur And Others
2022 Latest Caselaw 7524 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 4511 of 2022
 

 
Petitioner :- Ajeet Singh And Another
 
Respondent :- D.M. , Sitapur And Others
 
Counsel for Petitioner :- Desh Raj Singh Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioners and learned counsel for the State.

The proceedings between opposite party no. 4 and his wife Smt. Annu Rastogi were decided on 7.11.2013 in Criminal Case No. 1063/2007. Maintenance at the rate of Rs 3000/- per month to the wife and Rs. 2000/- to each of the children was awarded.

The execution proceedings pursuant to the aforesaid judgment were initiated in Misc. Case No. 119-C/2013 wherein an order was passed on 14.3.2019 directing a sum of Rs. 4,92,000/- to be recovered from opposite party no. 4 by adopting means permissible under law.

It is pursuant to this order passed by the family court that the property recorded in the name of opposite party no. 4 has come to be attached.

The petitioners before us are the purchasers of property from opposite party no. 4. The sale deed executed and registered on 28.3.2006 with respect to plot no. 48/5 measuring 224 sq. mt. was executed in favour of the petitioner. The remaining area of plot no. 48/5 was also purchased under a registered sale deed by one Smt. Kiran which was executed and registered on 15.4.2013.

Learned counsel for the petitioners has submitted that the sale deed having been executed on 28.3.2006 i.e. prior to the sale deed executed and registered on 15.4.2013, confers a title upon the petitioners to the extent of area mentioned therein. The proceedings initiated subsequently would not have any effect to the extent of area possessed by them.

The submission put forth by learned counsel for the petitioner does have force.

The petitioners are thus permitted to make an application before the Collector as provided in Section 183 of U.P. Revenue Code who shall consider the petitioners' grievance and pass necessary orders in accordance with law, provided the portion of land out of plot no. 48/5 is shown to be vested in the petitioners on the basis of valid documents.

In case any such application is filed, the Collector shall decide the same and pass necessary orders expeditiously and preferably within a period of three months.

In case any auction notice is issued, it shall also be open to the petitioners to make an appropriate application for deferring the proceedings before the Collector.

With the aforesaid observations, the writ petition is disposed of finally.

Order Date :- 20.7.2022

Fahim/-