Heard learned counsel for the petitioners and the learned Standing Counsel.
Notice on behalf of opposite party no.1 has been accepted by the learned Standing Counsel, who prays for and is granted four weeks time to file counter affidavit. The petitioners thereafter has two weeks time to file rejoinder affidavit. List thereafter.
Issue notice to opposite parties no. 2 to 4.
Submission of learned counsel for the petitioners is that the petitioners are occupying the land to the extent which has been purchased by them from one Smt. Arti i.e. 1749.06 Sq.ft. and they do not claim more land than purchased by them. He also states that there is no immediate apprehension of breach of peace as on very old report the attachment order dated 14.10.2010 order under Section 146(1) Cr.P.C. has been passed.
In these circumstances, the operation of the impugned order dated 28.12.2010, contained in Annexure no.1 to the petition, shall remain stayed subject to the condition that the petitioners will have only claim in respect of the area purchased by them by means of sale deed dated 23.4.2010 i..e.1749.06 Sq.ft.
Learned counsel for the petitioners also submits that the petitioners are running business in the said premises and that has been locked by the police.
The lock, if any, has been put by the police, shall be opened.
Order Date :- 21.1.2011 BLY