Late Shri Shishu Pal Singh vs District Collector And Others

Ms. Chetna Choudhary and Mr. Deepanshu Choudhary, who are pursuing their college education, are present before this Court and submit that their grandfather – the appellant Shishu Pal Singh S/o Gangaram, who was the petitioner in the writ petition, has expired yesterday night i.e. 27.03.2024.

Vide order dated 27.03.2024, learned Single Bench of this Court has passed a considered order on the application for extension of time for complying with the order passed by this Court on 14.03.2024 whereby every reasonable opportunity has been granted to the appellant to repay the liability in question and any more extension of time to repay in light of the strict parameters of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is ordinarily not called for.

2.1 The order dated 27.03.2024 reads as under :-"Heard.

Learned counsel for the petitioner has filed an application for extension of time for complying with the order passed by this court on 14.03.2024.

Learned counsel for the petitioner submits that the petitioner is trying is level best to secure loan from some another agency. However, for the reasons beyond his control, the petitioner is unable to deposit the amount of Rs.1.5 crores to the respondents as directed by this court on 23.01.2024.

Learned counsel, therefore, submits that a period of 15 days may be granted to the petitioner to deposit the amount of Rs.1.5 crores as directed by this court vide order dated 23.01.2024.

Learned counsel for the respondents vehemently opposed the application filed by the petitioner. He submits that the petitioner was granted time for depositing the amount on 23.01.2024. Again, on the application being preferred by the petitioner for extension of time, this court cannot grant time to the petitioner to deposit the amount on 28.03.2024 vide order dated 14.03.2024. However, one more application has been filed by the petitioner for extension of time. He submits that the petitioner is not desirous to deposit the amount due to the respondents. He submits that any indulgence granted by this court will be nothing but the same would amount to abuse of liberty granted by this court.

I have considered the submissions made at the bar and also gone through the orders dated 23.01.2024 and 14.03.2024 passed by this court whereby the petitioner was directed to deposit an amount of Rs.1.5 crores till 07.03.2024 then by another application being filed, time was extended till 28.03.2024, however, despite sufficient time being granted to the petitioner to deposit the amount of Rs.1.5, the petitioner has not been able to deposit the said amount, therefore, in view of above, this court is not inclined to grant further time to the petitioner to deposit the amount as directed by this court.

In view of the discussion made above, the application seeking extension of time filed by the petitioner is dismissed.

It is made clear that if the amount due to the respondents is not deposited by the petitioner by tomorrow, the respondents will be free to take appropriate measures for vacating the petitioner from the premises in question.

List on 01.05.2024."

This Court only on the count of an extraordinary misery having struck the family of the appellant whereby the appellant has expired yesterday night and the funeral is yet to take place is inclined to grant part indulgence in this matter.

In such extraordinary circumstances, without making any comments on merits of the case and while agreeing fully with the order of learned Single Judge dated 27.03.2024, this Court makes a limited intervention that is while the appellant's family undertakes the last rites of the appellant Shri Shishu Pal Singh and are busy in the next 12 days for conducting all kinds of rituals and also keeping into context the right to a dignified death, which is enshrined under Article 21 of the Constitution of India, disposes of the present special appeal while directing that status-quo as on today regarding the property in question shall be maintained upto 15.04.2024 and thereafter if the amount due to the respondents is not deposited by the legal representative of deceased appellant, the respondents shall be free to take appropriate measures for vacating the LRs of deceased appellant from the premises in question.