SAROJ JAISWAL Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard Shri A. N. Sinha. learned counsel appearing for the petitioners, Shri Sanjay Goswami, learned standing counsel of the State of U. P. representing the respondent Nos. 1 and 2, and Shri Chandra Prakash, learned counsel who has accepted notice on behalf of the respondent No. 3.

(2.) Petitioners are aggrieved by the attachment of their properties in connection with the realisation of alleged dues of respondent No. 3 against respondent No. 4. The attachment has been effected under the provisions of Uttar Pradesh Zamindari Abolition and Land Reforms Act. 1950, hereinafter called the Act, in pursuance of the attachment, properties under attachment are also notified for auction.

(3.) The provisions contained under Sections 282 and 341 of the Act clearly Indicate that the provisions of Code of Civil Procedure, 1908, hereinafter called the Code, including the provisions contained in Order XXI of the Code, are applicable. if any objection is filed against the attachment by any objector, the authority effecting the attachment is under obligation to decide the objection before proceeding further in the matter in pursuance of the attachment. Neither Shrl Chandra Prakash, learned counsel appearing for the respondent No. 3 nor Shrl Sanjay Goswami, learned standing counsel of the State of U. P. representing the respondent Nos. 1 and 2 has been able to dispute this position of law.