SURENDRA PRAKASH PATHAK Vs. STATE OF U.P.

JUDGEMENT

(1.) An accused by the name of Arvind Prakash was convicted under Section 302 of Indian Penal Code by the District & Sessions Judge, Etawah in Sessions Trial No. 324 of 1978 (State Vs. Arvind Prakash, P.S. Jaswant Nagar, district Etawah). The petitioner has averred that the conviction was maintained in a criminal appeal by this Court and the special leave petition against the judgment of the conviction and sentence was dismissed by the Supreme Court. Since the accused was on bail, he was required to surrender to serve the sentence after the dismissal of the special leave petition. On 17 April 2003, the District and Sessions Judge directed that the convict must show cause on 19 May 2003 as to why his bail bond be not forfeited. On 19 May 2003, the surety was furnished a period of one month for ensuring the presence of the accused who was absconding.

(2.) The grievance of the petitioner is that inspite of the auction - sale which was held on 16 January 2004 and the deposit of the entire auction proceeds, the Tehsil authorities have not delivered the possession of the auctioned property. The petitioner made an application on 25 March 2004 to the Deputy Collector. The petitioner thereupon moved further applications on 26 April 2005, 29 September 2006 and 26 June 2007. The Deputy Collector obtained the legal opinion of the DGC (Civil), Etawah on 14 September 2009.

(3.) Thereafter, the petitioner has made as many as 12 representations between 14 October 2009 and 15 April 2015 but no decision was taken by the Collector and District Magistrate, Etawah.