ORDER : B.N. Agrawal, J. On 28-7-2004 while dismissing the special leave petition against the order passed by the Allahabad High Court, we granted time till 31-3-2005, to the petitioner to vacate the premises in question. Thereafter it appears under certain circumstances the High Court of Allahabad was moved by filing a CM Writ Petition No. 23319 of 2005, wherein while issuing notice on 20-4-2005, Anjani Kumar, J. of the Allahabad High Court passed an order that for a period of three months the tenant shall not be evicted from the accommodation in question in spite of the fact that it was clearly stated in the writ petition that this Court had granted time till 31-3-2005. We really fail to understand how the High Court, has passed interim order, which is in teeth of this Court's order. For the time being, we are not passing any other order except calling for a report from the High Court as to under what circumstances such an order was passed. The report must be received within a period of four weeks from today. 2. List these matters on 3-10-2005. 3. By order dated 18-7-2005, we directed for issuance of non-bailable warrant of arrest against the petitioner and directed the Superintendent of Police, Moradabad (Uttar Pradesh) to see that warrant of arrest is executed within a period of four weeks and send compliance report to this Court. The petitioner, however, has filed an affidavit before this Court that he has already surrendered in the court on 28-8-2005, without specifying therein before which court he has surrendered. It has also not been stated in the affidavit whether he has been remanded to custody or not. 4. Call for a report from the Superintendent of Police, Moradabad as to whether the non-bailable warrant of arrest issued against the petitioner has been executed or not. If so, on which date executed and whether the petitioner has been remanded to custody or not. He should also report why compliance report has not been sent to this Court as yet. In case the petitioner has been remanded to custody, a certified copy of remand order of the court be also sent. Let this order be communicated to the Superintendent of Police by fax as well asking him to send the required report by fax as well so as to reach here by 7-9-2005.
In case the petitioner has been remanded to custody, a certified copy of remand order of the court be also sent. Let this order be communicated to the Superintendent of Police by fax as well asking him to send the required report by fax as well so as to reach here by 7-9-2005. Let the report be placed for consideration on 9-9-2005.