JUDGEMENT
-
(1.) This special appeal is directed against order dated 17th May, 2012. Order dated 17th May, 2012 reads as under:
"Heard Sri Ramphal Rawat, learned counsel for the petitioner and perused the record.
This writ petition under Article 226 of the Constitution of India has been filed with the prayer that a writ, order or direction in the nature of certiorari may be issued quashing the orders dated 21-03-1997, 21-01-1999 & 27-02-1999, contained as Annexure Nos. 2,3 & 4 to the writ petition, and the entire auction proceedings held on 25-03-1995, may be quashed.
It is not disputed by learned counsel for the petitioner that at the time of filing the writ petition, no interim relief was granted in favour of the petitioner.
From perusal of the record, it transpires that the petitioner's land was auctioned on 25-03-1995 and the objection was filed on his behalf against the auction proceedings under Rule 285 (I) of the U.P.Z.A. & L.R. Rules. After hearing learned counsel for the parties and considering the record, the Commissioner, Lucknow Division, Lucknow, rejected the said objection vide order dated 21st March, 1997. The revision filed against the said order was dismissed by the Board of Revenue vide order dated 21-01-1999 and the review application was also rejected vide order dated 27-02-1999.
The auction was held on 25-03-1995. No interim relief was granted in favour of the petitioner. I find no manifest error of law in the impugned orders so as to call for interference by this court under Article 226 of the Constitution of India. The writ petition lacks merit. It is dismissed accordingly."
(2.) We have referred to the contents of orders impugned in the writ petition dated 21.03.1997, 21.01.1999 and 27.02.1999.
(3.) Auction of the property was held on 25.03.1995. As per order dated 21.03.1997, the entire auction money was deposited. Considering the said fact, the appellant made a statement before Commissioner, Lucknow Division, Lucknow that he does not want to press his claim and the objections to the auction was dismissed as not pressed.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.