MOHANISH SHUKLA Vs. REGISTRAR

JUDGEMENT

(1.) By the Court Affidavits filed by parties are taken on record.

(2.) The petitioner has filed this petition under Article 226/227 of the Constitution of India against the illegal proceedings being drawn by the Vasuli Adhikari as well as by Vikray Adhikari in execution Case No. 325/99. The submission of Shri Upadhyay is that the Vikray Adhikari has illegally put lock over his flat without any service of notice and providing any opportunity of hearing and also without any authority of law. There is no provision under the M.P. Co-operative Societies Rules of 1962 for putting lock over the property after attachment without auction.

(3.) Shri Maheshwari appearing for the Vikray Adhikari submitted that though there is no provision under the Rules for putting the lock over the property under attachment but the same is part of the attachment. Learned counsel for respondent No. 1 Shri Mukati and Shri Shukla for respondents supported this argument. According to this Court under Rule 66 the Vasuli Adhikari / Vikray Adhikari both cannot put lock over the property and the same is not the part of the attachment as there is no specific provision under the Rules to adopt such a procedure and put the lock over the properties without completing auction. However, during the course of hearing of this petition the respondent Vikray Adhikari has already removed the lock from the flat and has handed over the possession to the petitioner which Shri Upadhyay admits. Therefore, this part of his prayer has become iniructuous. Since the respondent No. 2 has already removed the lock and has handed over the possession to the petitioner himself, this petition has become infructuous and nothing survives to decide at this stage. Shri Maheshwari submits that he be permitted to proceed with the execution proceedings and auction of the house. There is no question for granting of any permission by this Court. He may proceed with the execution strictly in accordance with provisions of Act and Rules. Whenever any objection would be filed that would be heard and decided by the executing Officer in accordance with law. Thus, this petition stands disposed of with no order as to costs. C.C. on payment of usual charges in 7 days. Petition disposed.