Court No. - 21
Case :- WRIT - C No. - 2957 of 2019 Petitioner :- Mohammad Anwar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chaudhary Subhash Kumar Counsel for Respondent :- C.S.C.,Rakesh Bahadur
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
Learned counsel for the petitioner submits that notice issued by the Nagar Palika Parishad is without jurisdiction and only District Magistrate has the jurisdiction in the matter for eviction of petitioner. He further submits that previous auction dated 7.3.1994 has not been cancelled by the District Magistrate. It is further urged that District Magistrate has not issued any order for fresh auction, hence notice issued by Nagar Palika Parishad, is illegal and without jurisdiction.
Sri Rakesh Bahadur, Advocate, appears for Nagar Palika Parishad 2nd and 3rd respondents. The learned counsel submits that petitioner had filed a civil suit which has been dismissed, recording a finding that since the District Magistrate did not approve the auction hence possession pursuant to auction was not given to petitioner. The trial court also recorded further finding that the possession of the petitioner is illegal.
Aggrieved by the said order of the trial court, the petitioner preferred an appeal before the District Judge, which was also dismissed on 2.11.2018. He further submits that after the dismissal of the suit and appeal petitioner does not have any legal right to continue in the possession of shop, hence respondent no. 2 has issued the impugned notice on 13.12.2018 and granted him three days time to vacate the premises. He further submits that the petitioner shall be evicted in accordance with law.
In view of the above, we are of the view that the right of the petitioner has properly been determined in the civil court and the order of the civil court has attained finality as no further appeal has been filed as yet.
Accordingly, no interference is warranted under Article 226 of the Constitution. However, it is observed that the petitioner shall not be evicted without following due process of law.
From the material on record, we find that the petitioner has raised grievance before the District Magistrate, Jalaun, on 21.8.2018, his objection/representation is still pending.
Having regard to the facts and circumstances of the case, we are of the view that ends of justice would be met by issuing a direction to the District Magistrate, Jalaun, respondent no. 4 to consider the objection of the petitioner by passing appropriate order after furnishing opportunity to the Executive Officer of the Nagar Palika Parishad, Orai district Jalaun, respondent no. 3 and the petitioner within a month.
Needless to say that the court has not expressed any opinion on the merit of the case. The District Magistrate, shall pass order independently in accordance with law.
A copy of this order be served upon the District Magistrate, Jalaun by the learned counsel for the respondents within a week.
Accordingly, the writ petition is disposed off.
Order Date :- 29.1.2019 N.A.