SHIV PATTI DEVI Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) This petition reveals a startling state of affairs where acts of wanton behaviour committed by persons in high authority accused of gross criminal assault and trespass are not only not punished but are rewarded with conferment of rights by authorities.

(2.) This petition was filed nearly four years ago. On 26.4.1999 this Court granted standing counsel one month to file counter-affidavit. By that order notice was also issued to respondent Nos. 5 to 8 returnable at an early date. On 10.5.1999 registered A.D. notices were issued to respondent Nos. 5 to 8 fixing 28.5.1999. There is an office report dated 16.7.1999, which states that in compliance to the Court order dated 26.4.1999 notices were issued to the respondent Nos. 5 to 8 by registered A.D. post fixing 28.5.1999. Neither the acknowledgment nor undelivered cover has been received back after service. The same is the office report dated 22.8.1999. The Court then ordered on 24.8.2000 the notices to be published through publication in two news papers Dainik Jagran and Rastriya Sahara, and they were published accordingly. Yet no counter-affidavit has been filed.

(3.) In view of Explanation II of Chapter VIII, Rule 12 of the Allahabad High Court Rules service of the notice is deemed to be sufficient on the respondent Nos. 5 to 8. No counter-affidavit has been filed by any of the respondents. No counsel has filed vakalatnama on behalf of respondent Nos. 5 to 8. Hence, we are treating the allegations in the petition to be correct.