Partly allowed

Prithviraj Singh v. State of U.P. and 2 Others

Allahabad HC22 Feb 2023A482/3540/2023

Case brief

AI extract

What is this about?

This application under Section 482 CrPC sought to quash and stay an SDM’s order appointing a receiver in a land dispute. The court directed the applicant to file an objection within 15 days, remanding the matter to the SDM for appointment of an independent receiver within 15 days of the objection, and stayed the impugned order during the interim.

What did the court decide?

Impugned order stayed; applicant directed to file objection within 15 days; SDM directed to appoint independent receiver within 15 days of objection.

Prithviraj Singh Vs State of U.P. and 2 Others — Landlord and Tenant | Allahabad HC (2023)

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Court No. - 51

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Case :- APPLICATION U/S 482 No. - 3540 of 2023

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Applicant :- Prithviraj Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the order dated 14.12.2022 passed by SubDivisional Magistrate, Tirwa, Kannauj in Case No. D- 20190339001512 (Bajrang Dayal Vs. Prithviraj and others) under Section 145 Cr.P.C. P.S.-Thatiya, District Kannauj as well as to stay the aforesaid order and to direct the Sub-Divisional Magistrate, Tirwa, Kannauj to appoint any independent Receiver.

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It is submitted by learned counsel for the applicant that in the proceeding under Section 145 Cr.P.C. a receiver was appointed in respect of the disputed land. Receiver namely Sughar Singh was managing the property from 2017 and there was no objection with regard to his functioning from any of the parties. Subsequently, earlier receiver Sughar Singh died and therefore by impugned order, Sri Girish Chand has been appointed as the receiver.

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It is submitted by learned counsel for the applicant that the applicant is already having a dispute with the newly appointed receiver and proceeding under 151 Cr.P.C. proceedings have been drawn with the Girish Chand and under such circumstances the appointment of a person as a receiver who is already having dispute with the applicant is not fair.

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Learned A.G.A. at this stage submits that since the dispute is only with regard to the receiver appointed as applicant is having a dispute, the matter may be remanded back to the Authority concerned.

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Learned counsel for the applicant has no objection and he submits that he will file objection before the S.D.M. concerned.

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Considering the facts and circumstances of the case it is hereby

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provided that the applicant shall file an objection with regard to the appointment of Shri Girish Chand as the receiver within 15 days from today. In case such objection is filed before S.D.M. concerned, the same shall be considered by the S.D.M. concerned and S.D.M. concerned shall endeavour to appoint an independent person as a receiver of the property in dispute. The order impugned shall remain subject to fresh decision of the S.D.M. concerned. The S.D.M. concerned is directed to take a decision within next 15 days from the date when the objection is filed by the applicant.

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Till the decision is taken by the S.D.M. concerned, the impugned order dated 14.12.2022 shall not be given effect to.

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With the aforesaid direction, the 482 Cr.P.C. application is disposed of.

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Order Date :- 22.2.2023 Sumit Kumar

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Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad

Prithviraj Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Prithviraj Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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