Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 4169 (ALL)

Sri Sai Baba Ornaments Pvt. Ltd v. Babu Lal Tanaya

2015-12-30

SUDHIR AGARWAL

body2015
JUDGMENT 1 Heard Sri Pramod Bhardawaj, Advocate, appearing for applicants-appellants. 2. This matter has come up before this Bench constituted by the order of Hon'ble the Chief Justice, as communicated to us by Registrar General on 29.12.2015 and placed on record by Sri M.C. Gaur, Deputy Registrar. Applicants-appellants state that it is a very urgent matter, and, if it is not heard during vacation, applicants-appellants may suffer irreparable loss, inasmuch disputed property may be demolished by defendants-respondents. In para 4 of the affidavit accompanying this application, it has been said that in the evening of 26.12.2015 at about 5.30 PM, sons of late Babu Lal, namely, Chandan and Ruchir Shukla and others along with Sub-divisional Magistrate, Sadar, District Jhansi and 10-11 Police Constables reached the spot to forcibly disposses applicants-appellants and demolish the property in dispute. They were also carrying J.B.C. Machines but after intervention of Police officials of Police Station Kotwali, matter was deferred for three days. 3. On an enquiry made by us, learned counsel for applicants-appellants states that no order providing Police help has been passed by Court below and in what capacity and authority Sub-divisional Magistrate, Sadar and other Police officials reached the disputed property accompanying some of defendants-respondents, as alleged in para 4 of application to aid and assist them in the process of dispossession-demolition is not clear. 4. In these circumstances, we proceed to hear this appeal. While entertaining this appeal, considering the urgency of the matter, we also find it appropriate to direct Sub-divisional Magistrate, Sadar, Jhansi to file an affidavit clarifying the authority under which he accompanied defendants-respondents on 26.12.2015 at around 5.30 PM to aid and assist them in the process of dispossession and demolition of disputed property and if he had no such authority, then he shall remain present in person before this Court on 11.01.2016. 5. Put up this matter on 11.01.2016. 6. Office shall communicate this order fortwith to Sub-divisional Magistrate, Sadar, District Jhansi through Chief Judicial Magistrate, Jhansi.