Court No. - 2
Case :- WRIT - C No. - 11179 of 2018 Petitioner :- Ajay Kumar Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Suresh Chandra Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Suresh Chandra Dwivedi for the petitioner and Standing Counsel for State of U.P.
This writ petition has been filed for quashing the order dated 7.3.2018, passed by Motor Accident Claim Tribunal, by which the interim order in the application u/s 144 CPC, has been declined.
In pursuance of the award of Motor Accident Claim Tribunal, recovery proceeding has been initiated against the petitioner. Motor Accident Claim Tribunal/Executing Court issued the recovery certificate to the Collector. In pursuance thereof, auction of immovable property of the petitioner has taken place. In the meantime, the petitioner approached this Court in writ petition, i.e. Matters Under Article 227 No. 7889 of 2017, but this Court by its order dated 13.12.2017 has declined to grant any interim order. Thereafter, it is alleged that the petitioner entered into a compromise with the claimants and according to the terms of compromise, the amount has been paid on 21.2.2018. However, on 22.2.2018, SDO has executed the sale deed.
As the sale deed has already been executed in favour of the auction purchaser and about one month has passed, as such, no relief can be granted to the petitioner in the writ petition. However, application u/s 144 CPC of the petitioner is pending.
In the facts of the case, the writ petition is disposed of directing Motor Accident Claim Tribunal/IIIrd Additional District Judge to decide the application of the petitioner u/s 144 CPC, after hearing the parties, expeditiously, preferably within a period of four months from the date of producing a certified copy of this order before him.
Order Date :- 28.3.2018 Jaideep/-