Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8
EX No. 117/24
MALIK CHAND BALI THROUGH LRS Vs. THE
CUSTODIAN OF EVACUEE
20.04.2024
Present : Sh. Ravi Kant Bali, LR of the deceased DH.
Sh. S.S. Dalal, Ld. Counsel for the JD alongwith Sh.
Nagendra Sah, UDC.
Sh. U.S. Bisht, Section Officer on behalf of the JD.
To begin with, Ld. Counsel Sh. S.S. Dalal submits
that he has no knowledge about anything, for which the show
cause notice has been given. No reply/written submissions have
been filed, despite directions on the last date of hearing.
It is admitted case that no appeal against the court
order, for which the present execution has been filed, has been
preferred as yet. Despite this, Ld. Counsel for the JD and the
Section Officer appearing for the JD are harping upon the fact
that appeal is to be filed and that is why there is no question of
execution.
There is no provision of law that a decree can be
stayed merely on the desire of the JD to file appeal. Clearly, the
JD, despite being a government agency, is making mockery of
the court orders. Whereas, Ld. Counsel appearing for the JD
earlier stated that the orders cannot be executed because appeal is
to be filed, it is now being stated that execution is not possible
because of election. Neither of the said arguments can be called
meritorious.
Let the matter be put to the knowledge of worthy
Secretary, Department of Land and Building/the Custodian of
Evacuee Property. He is requested to furnish explanation in
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writing and remain present, through an officer not below the rank
of Deputy Secretary, so as to enable the Court to understand what
is preventing the execution of decree.
Let the copy of this order be given dasti to Sh. U.S.
Bisht with request to ensure compliance of the aforementioned
directions, by placing this order before the concerned officer.
Matter will be taken up on 25.04.2024 at 2:30 PM.
(Harjeet Singh Jaspal)
SCJ-cum-RC: Central District:
20.04.2024
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