M/S. SHAKYA COLD STORAGE AND ICE MILLS (PVT.) LIMITED Vs. THE DISTRICT MAGISTRATE/COLLECTOR, ETAH AND OTHERS

JUDGEMENT

(1.) The petitioner sought for the following reliefs in this writ petition:-

(2.) The above reliefs are based on the allegations, as contended on behalf of the petitioner, that the disputed cold storage was illegally sold to the respondent No. 6 allegedly in auction on 31-3-1997 pursuant to a recovery proceedings initiated under Sec. 284 read with Rule 81 of the U.P. Zamindari Abolition & Land Reforms Act, 1950 and the U.P. Zamindari Abolition of Land Reforms Rules, 1952 (hereinafter referred to as the Act and the rules) respectively. The objection under Rule 285-1 of the said Rules filed by the petitioner in connection therewith has not yet been decided. By an order dated 24-4-1997, without notice to the petitioner, the respondent No. 6 has been appointed Receiver of the said cold storage by the Collector.

(3.) The learned Counsel for the petitioner contended that in conducting the alleged auction the respondent had violated the provisions of of the Act and Rules 282 to 285 of the rules. He also contended that the District Magistrate has no jurisdiction to appoint a Receiver. He contended further that while appointing Receiver, the District Magistrate has violated the procedure as laid down in Sec. 286 of the Act.