Court No. - 52
Case :- APPLICATION U/S 482 No. - 41892 of 2017 Applicant :- Laxmi Narain & 3 Others Opposite Party :- State Of U.P. & 7 Others Counsel for Applicant :- K.S. Tiwari,Vivek Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri K.S. Tiwari, learned counsel for the applicants, learned AGA for the State and perused the record.
The present application has been filed by the applicants with the prayer to direct the opposite party no.2 to decide the application dated 1.4.2017 moved by the applicants in Criminal Case No.3 of 2015 (Kali Charan Vs. Hukum Singh and others) under Section 145 Cr.P.C., P.S. Mant District Mathura and also the effect and operation of the order dated 24.3.2017 may be stayed.
Without calling for a counter affidavit, the matter is being disposed of looking into the facts and circumstances of the case.
It is contended by learned counsel for the applicants that the proceedings initiated by opposite party no.2 and some other persons regarding disputed land measuring 23 acres pertaining to Plot No.353 situate in village Dagauli Khadar, Tehsil Mant District Mathura. It is stated that the applicant was not party to the proceedings. However, by the impugned order dated 24.3.2017, Sub Divisional Magistrate, Mant, Mathura has passed an order that the plot bearing Khasra No.353 measuring 23 acres of land which was allotted on Patta rest of the property including of Khasra No.353 measuring 52.54 acres be seized and the crop standing on the aforesaid land be sold in the open market and fees to deposit in the Government Treasury. Learned counsel for the applicants states that the applicant was not party to the aforesaid proceedings. However, on account of impugned order dated 24.3.2017 the land of applicants has also been attached and the standing crop has also been sold in the open market.
Aggrieved by the said order, the applicants moved an application dated 1.4.2017 whereby the prayer was made that the applicants' property which has been attached by the order dated 24.3.2017 be released in their favour as there was no dispute at all with regard to the portion of property attached belonging to the applicants whose details are mentioned in the said application. The application on behalf of the applicants is still pending disposal and no orders have been passed in this regard. He has filed a certified copy of the order which too indicates that no orders has been passed on the said application dated 1.4.2017 whose copy has been annexed as Annexure-7 to the affidavit.
Without commenting on the submission made by learned counsel for the applicants, I am of the view that the opposite party no.2 is hereby directed to decide the application dated 1.4.2017 expeditiously preferably within a period of four months from the date of production of a certified copy of the order after affording full opportunity to all the concerned persons in the aforesaid proceedings in accordance with law.
Order Date :- 26.2.2018 Hasnain