Court No. - 39
Case :- WRIT - C No. - 38587 of 2018 Petitioner :- Virendra Alias Virendra Singh Respondent :- District Magistrate, Ghaziabad And 2 Others Counsel for Petitioner :- Daya Shanker Pandey Counsel for Respondent :- C.S.C.,Ravindra Singh
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri D.S. Pandey, learned counsel for the petitioner, Sri Ravindra Singh, learned counsel for respondent no.3 and learned standing counsel for the respondent nos. 1 and 2.
The petitioner in the writ petition is seeking quashing of the order dated 02.08.2018 and 01.02.2014.
The facts emerging from the writ petition are that respondent no. 3, Sehkari Ganna Vikas Samiti filed a Misc. Case No. 55 of 2012/13 before the District Magistrate, Ghaziabad for eviction from premises in dispute as well as recovery of arrears of rent. The petitioner appears to have been allotted a shop/large hall constructed by the Sehkari Ganna Vikas Samiti and as per the terms and conditions the petitioner was required to deposit all the taxes along with monthly lease rent, which in the present case he failed to do. Hence, the proceedings were initiated by the respondent no. 3.
The District Magistrate by order dated 12.06.2013 referred the matter to the Sub-Divisional Magistrate, Modinagar, Ghaziabad. The Sub- Divisional Magistrate passed the impugned order dated 01.02.2014. In the impugned order, the petitioner has been directed to deposit a sum of Rs. 20,000/- by way of cheque in the account of the Samiti. It has been further directed that Rs. 20,000/- shall be deducted from the licence fees and the remaining shall be deposited by the petitioner for the period from 01.6.2012 to 30.06.2013 at the rate of Rs. 22,500 per month within 30 days.
The petitioner filed a recall application alleging that the order of 01.02.2014 was an ex-parte order. This application of the petitioner has been rejected by the other impugned order dated 02.08.2018. The perusal of the order dated 01.02.2014, which itself shows that it was not an ex-parte order since notice of the proceedings were duly served upon the petitioner and he had also filed his objections but thereafter he prayed for six months' time for oral arguments, although, the time for deciding such cases was only three months under the Uttar Pradesh Co-operative Societies Act, 1965 under Section 71 read with Rule 240 of the Uttar Pradesh Co-operative Societies Act, 1965.
In this view of the matter, since petitioner has filed objection to the proceedings, it cannot be said that order dated 01.02.2014 was an ex-parte order.
For reasons aforesaid, we do not find any illegality or infirmity in the impugned order. The writ petition lacks merit and is accordingly dismissed.
Order Date :- 27.11.2018 V.S.Singh