Court No. - 14
Case :- APPLICATION U/S 482 No. - 3064 of 2018 Applicant :- M/S Rajput Properties And Developers Private Limited Opposite Party :- State Of U.P. And 7 Ors. Counsel for Applicant :- A.C.Srivastava Counsel for Opposite Party :- A.G.A.
Hon'ble Umesh Chandra Tripathi,J.
Supplementary affidavit has been filed by Sri A.C. Srivastava, learned counsel for the applicant in the court today, the same is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to set aside the order dated 21.04.2014 passed by SDM, Dadri in Case No. 14/11-12 and remand the matter to the magistrate concerned to decide the applications dated 26.08.2013 and 19.09.2013 presented by the applicant.
On 05.11.2012 under Section 146(1) Cr.P.C., learned SDM, Dadri had attached the disputed property. By the impugned order dated 21.04.2014, the order dated 05.11.2012 passed by SDM, Dadri has been set aside. By the applications dated 26.08.2013 and 19.09.2013, the applicant prays for delivery of land/disputed property.
Learned counsel for the applicant contended that in compliance of order of this court dated 09.10.2013, property has not been delivered to the applicant. By the impugned order dated 21.04.2014, his application was rejected without affording any reason.
Learned A.G.A. contended that there is no illegality or infirmity in the impugned order.
From the perusal of record, it is evident that no proceeding under Section 145 Cr.P.C. is pending before SDM, Dadri. Only if proceeding under Section 145 Cr.P.C. is pending before the magistrate concerned, he may pass order under Section 145 (4) Cr.P.C. about claim of possession of disputed property and issue order declaring such party to be entitled to possession under Section 145(6)(a) Cr.P.C.
In view of above, the prayer to set aside the order dated 21.04.2014 passed by SDM, Dadri is refused.
However, if any report under Section 145(1) Cr.P.C. is received to the SDM, Dadri, the same shall be decided expeditiously, strictly in accordance with law.
With the aforesaid observation, the instant application is finally disposed of.
Order Date :- 27.2.2018 I. Batabyal