S.K.SEN, J. - (1.) HEARD learned Advo­cates, for the parties. The father of the petitioner had pur­chased the house in the auction held on 29th March, 1979 for recovery of arrears of sales tax from defaulter and deposited the required money. The defaulter instituted a Civil Suit No. 92 of 1979 in the Court of the Civil Judge, Moradabad against the respondent-State. The petitioner's father died on 23rd December, 1980 leaving be­hind the petitioner as the only heir. The civil suit was dismissed on 30th August, 1984. On 12th January, 1987 the appeal preferred by the defaulter against the order dated 30th August, 1984 was also dismissed. An appeal was preferred in this Court against the order dated 12th January, 1987 but the same too was dis­missed on 27th February, 1987. On 26th August, 1987 the sale was confirmed in favour of the petitioner. In 1997 the order dated 19th August, 1992 passed in Misc. Suit No. 42 of 1997 preferred under Order IX Rule 13, CPC for not dispossessing the defaulter was set aside. On 25th January, 1997 sale certificate was issued by Respon­dent No. 2 in favour of the petitioner. On 13th February, 1997 the Deputy Collector (Trade Tax), Moradabad (Respondent No. 2) issued direction to the Naib Tehsildar Satyendra Prakash for delivery of posses­sion of the house to the petitioner. On 6th March, 1998 again an order by Respondent No. 2 was passed directing the Naib Tehsil­dar Shri Satyendra Prakash for delivery of possession of the house to the petitioner. On 17th March, 1998 the Naib Tehsildar Shri Satyendra Prakash submitted a report and prayed for appointment of a Magistrate. On 18th March, 1998 an order was passed by Respondent No. 3 appoint­ing the Tehsildar, Chandausi as the Magistrate for delivery of possession of the house to the petitioner. On 25th April, 1998 when the Tehsildar, Chandausi ac­companied by the Naib Tehsildar Shri Satyendra Prakash and few other police personnel reached the spot to deliver pos­session of the house to the petitioner, they were intervened in their work by Smt. Gulabo Devi, State Minister, who threatened them with lodging of an FIR by her against them. On 26th April, 1998 an application was filed by the petitioner before the District Magistrate for direct­ing the SDM, Chandausi to deliver posses­sion of the house to the petitioner wherein on 27th April, 1998 a direction was given by the District Magistrate to the SDM, Chandausi to comply with the order of Respondent No. 3 who showed his in­ability to deliver possession of the house to the petitioner due to political pressure as alleged by the petitioner. On 24th June, 1999 a direction was issued by Respondent No. 3 to the SDM, Chandausi for delivery of possession of the house to the petitioner. On 13th July, 1999 again a direction was issued by Respondent No. 3 to the SDM, Chandausi for delivery of possession of the house to the petitioner. On 14th July, 2000 a direction was issued by the Commissioner to the District Magistrate to take action. On 11th August, 2000 the District Magistrate directed Respondent No. 3 to take action. On 16th August, 2000 a direction was issued by Respondent No. 3 to the SDM, Chandausi to take action. On 26th August, 2000 a direction was issued by the SDM, Chan­dausi to the Tehsildar to take action. On 2nd September, 2000 Respondent No. 3 issued a letter to defaulter for delivery of possession of the house to the petitioner within three days. On the basis of the aforesaid facts the petitioner submits that possession should be handed over to him immediately. The learned Standing Coun­sel for the respondent-State submits that he does not dispute the aforesaid facts. He also submits that the possession should be delivered. It however appears that inspite of several directions by' the District Magistrate and the SDM to hand over possession of the house to the petitioner the possession could not be delivered to him. It appears that the district officials are in helpless position in the hands of few persons who can control every thing.
(2.) WE are unable to appreciate this position. We accordingly, direct the SDM and the Tehsildar to deliver peaceful pos­session of the house in question to the petitioner with the help and assistance of the police authorities. The Senior Super­intendent of Police, Moradabad is directed to render all assistance to the SDM and the Tehsildar for delivery of pos­session of the house in question to the petitioner and to make available the same to the writ petitioner forthwith. All the authorities of the District including the Senior Superintendent of Police, Moradabad and the concerned Sta­tion, House Officer, Chandausi are directed to act on the basis of this order on production of a certified copy of this order. The writ petition is disposed of with the directions given above. Petition disposed of.;