Court No. - 2
Case :- WRIT - C No. - 15429 of 2021 Petitioner :- Rashid Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Sisodia Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsels for the parties.
The petitioner, by means of instant writ petition, is assailing the auction notice dated 22.03.2021 passed by fourth respondent, Naib Tehsildar, Tehsil Bahedi, District Bareilly.
It is noted in the impugned notice that in the Khatauni of 1427 to 1432 fasali, land in dispute recorded in Khata No. 134 being Gata No. 164 admeasuing 2.225 hectare is recorded as enemy property vesting in Government of India. It appears that petitioner has encroached upon the property and cultivated wheat, which is sought to be auctioned.
Learned Standing Counsel, at the outset, points out that as per notice, auction was to be conducted on 03.04.2021 and petition has been filed in June, 2021.
Be that as it may, this Court is not inclined to interfere for the reason that Government of India has not been impleaded as a party. Further, on specific query, learned counsel for the petitioner admits that the crop, which is subject matter of auction, is standing on the property recorded as enemy property vesting in Government of India since 1987.
In view thereof, the petition, being devoid of merits, is dismissed.
Order Date :- 28.7.2021 P. Sri.