Raj Bahadur Singh vs State of U.P.and Others

Notice of this petition had been given on 1721986. We dispose of this petition finally as it transpires from the averments made in the petition that with respect to the auctions of the tractor and its accompaniments and land for recovery of dues it has already taken place and against these auctions the petitioner has preferred appeals which are pending before the District Magistrate, Sultanpur.

We find that for the same relief the petitioner has already approached the District Magistrate, hence the present petition cannot be entertained. The petitioner, therefore, confines his prayer for issue of a mandamus to the District Magistrate, Sultanpur, to dispose of his appeals. If these two appeals are pending which have been preferred by the petitioner then it is ordered that the District Magistrate, Sultanpur, will dispose of the appeals as expeditiously as possible and till the disposal of these appeals we further order that the District Magistrate will not confirm the auctions. If the appeals stand disposed of, the District Magistrate would not be bound by this order.

In view of the observations made above the petition stands disposed of finally.

Copy of the order may be issued, if possible, today on payment of necessary charges.

[Disposed accordingly].