Court No. - 1 Case :- MISC. BENCH No. - 411 of 2010 Petitioner :- Bharat Lal S/O Late Guru Sewak Respondent :- Zila Panchayat Sultanpur Thru Chairman & Anr. Petitioner Counsel :- Birendra Narayan Shukla Respondent Counsel :- K.K. Pal Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
Notice on behalf of respondents has been accepted by Sri K.K. Pal, who prays
for and is granted two weeks time to file counter affidavit.
Learned counsel for the petitioner submits that the petitioner is a lawful
allottee of the shop/gumti in question, for which, auction has been scheduled
by the Zila Panchayat, which has the effect of ousting the petitioner from the
possession of the shop/gumti.
We have gone through the writ petition and we find that the shop/gumti,
which has been allotted to the petitioner cannot be auctioned nor the place on
which the same has been allowed to be raised/constructed can be auctioned in
the presence of the lease/agreement entered into between the parties.
We, therefore, provide as an interim measure that the shop/gumti of the
petitioner, which has been allotted to him under the orders of the District
Magistrate by the Zila Panchayat, shall not be auctioned and he shall not be
evicted or dispossessed from the possession, otherwise than in accordance
with law.
We further clarify that in case the auction which is sought to be effected, does
not relate to the shop/gumti of the petitioner, this order would not come in the
way of the authorities in proceedings with the said auction.
Sri K.K. Pal insisted that it should be clarified that these are not the shops but
gumties.
We are not convinced with the aforesaid argument for the reason that even if
these are gumties, still the petitioner cannot be evicted forcibly or otherwise
than in accordance with law.
Order Date :- 21.1.2010
Sachin