AMIT TOMAR AND ANOTHER Vs. STATE OF U P AND 4 OTHERS
LAWS(ALL)-2018-4-462
HIGH COURT OF ALLAHABAD
Decided on April 17,2018

Amit Tomar And Another Appellant
VERSUS
State Of U P And 4 Others Respondents

JUDGEMENT

Mahesh Chandra Tripathi, J. - (1.) Heard Shri Rahul Mishra, learned counsel for the petitioners and Shri Rajesh Srivastava, learned counsel for the State respondents.
(2.) Petitioners are before this Court assailing the validity of impugned press note/auction notice dated 07.04.2018 issued by Sub Divisional Magistrate, Shamli, District Shamli as well as the order dated 15.03.2018 passed by Tehsildar, Shamli District Shamli. It has also been urged that the respondents may be restrained not to proceed/finalize the auction proceeding for creating third party right in respect of Khata no.11 situated at village Shamlii Tehsil and District Shamli, Khata no.21 and 124 situated at village Mundet, Pargana Shamli, District Shamli and Khata no.280 situated at Village Khedi Karmu, Pargana Shamli, District Shamli.
(3.) Record in question reflects that earlier petitioners have been before this Court by preferring Writ Petition no.54557/2017 (Amit Tomar and another vs. State of U.P. and others) assailing the validity of auction notice dated 25.09.2017 and other proceedings made consequent thereto as well as the impugned order dated 05.10.2017. The said writ petition was finally allowed on 17.11.2017 by quashing the orders impugned on the ground that the order dated 05.10.2017 by which the objections were decided by the fourth respondent was a three lines order, and asking the Tehsildar, Shamli, District Shamli to decide the objection of the petitioners afresh and pass a reasoned and speaking order in accordance with law. It was also provided that till the objection is decided the fourth respondent shall not proceed with the auction of the grove in question. Thereafter the present order impugned dated 15.03.2018 has been passed and subsequently the impugned auction proceeding has also been initiated and as such, the petitioners are before this Court with the aforementioned prayer.;


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