Court No. - 6 Case :- WRIT - B No. - 36891 of 2010 Petitioner :- Smt. Rama Respondent :- Board Of Revenue And Others Petitioner Counsel :- A.K.S. Bais Respondent Counsel :- C.S.C. Hon'ble Prakash Krishna,J.
Notice on behalf of respondent No. 1 has been accepted by the learned
standing counsel.
Issue notices to the other respondents.
The present writ petition arises out of auction proceedings. The petitioner is
the auction purchaser in whose favour sales certificate, etc. has been issued.
The objection filed by the land holder was rejected by the District Magistrate
but the said order has been set aside by the impugned order.
In paragraph 13 of the writ petition, it has been stated that a Civil Suit No. 52
of 2008 (Phoolmat versus Rama Devi) in respect of the sale deed dated
11.10.2007 executed in favour of the petitioner is pending.
The matter requires consideration.
The eviction of the petitioner from the land in question shall remain stayed
provided the petitioner deposits damages for use and auction of land in
question @ 10,000/- per annum with the Collector, Farrukhabad.
The first deposit shall be made on or before 31.8.2010. The petitioner shall
continue to deposit the damages for the each succeeding years by 31st August
of every year.
In case of default, the stay order shall stand vacated.
The final order regarding disbursement of the amount shall be passed at the
time of hearing of the writ petition.
Order Date :- 12.7.2010
IB
(Prakash Krishna,J)