Chief Justice's Court
Case :- WRIT - C No. - 7413 of 2011 Petitioner :- Nathu Ram And Another Respondent :- State Of U.P. And Others Counsel for Petitioner :- Preet Pal Singh Rathore,V.P. Singh Kashyap Counsel for Respondent :- C.S.C.,A.K. Misra Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
This petition for writ is preferred to have reliefs as follows:-
"(i) issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2, 3 and 4 to issue a sale certificate of the land Khasra No. 1392 area 0.442 hectare situated in the Village Bhuda Bhadraul, Pargana Ujhani, Tehsil and District Budaun, as given in bidding round sheet dated 04.03.2010 immediately within some specific time to the petitioners.
(ii) issue a writ, order or direction in the nature of mandamus directing the respondents no. 3, 4 and 5 to confirm the auction sale of the land bearing its Khasra No. 1392 area 0.442 hectare situated in the Village Bhuda Bhadraul, Pargana Ujhani, Tehsil and District Budaun which was auctioned on 04.03.2010 mentioned in bidding round sheet (Annexure-4) in pursuance of D.R.C. No. 91/07 immediately within some specific time.
(iii) issue a writ, order or direction in the nature of mandamus directing the respondents to hand over/deliver the possession of the land bearing its Khasra No. 1392 area 0.442 hectare situated in the Village Bhuda Bhadraul, Pargana Ujhani, Tehsil and District Budaun immediately within some specific time to the petitioners."
From perusal of the facts stated in the petition for writ, it appears that the land in question was sold by way of auction in the month of March, 2010. As per the averments contained in the petition for writ, all consideration for sale was satisfied but the sale certificate as a consequence to the auction was not issued.
None is present on behalf of the petitioners but looking to the facts of the case, we deem it appropriate to dispose of this petition for writ by directing respondent no. 4, i.e., Recovery Officer in the Office of Debt Recovery Tribunal, Lucknow to examine the cause agitated in this petition for writ, if the sale certificate has yet not been issued and to take appropriate steps thereon.
With the direction above, the writ petition stands disposed of.
Order Date :- 26.2.2019/Shubham
(Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)