AI Structured Summary
Not yet generated for this judgment
Judgment
Mr. Mantry, learned advocate appears on behalf of petitioners. He submits, his clients are disciples of the deity. There are 8 shop rooms. Opposite party no.4 was only and Managing Hereditary Trustee. He had broken down the boundary wall and wrongfully dealt with the shop room. There was inquiry made by the Additional Assistant Commissioner and report dated 25th May, 2021 made to the Commissioner. In the report it was stated, inter alia, the boundary wall was broken by opposite party no.4 and there were applicants for the shop room on paying Rs.10 lakhs in advance and Rs.1 lakh as monthly rent. There was suggestion that the shop rooms be given on rent upon public auction and highest tenderer be approved.
He submits, his client filed additional affidavit dated 1st February, 2023 disclosing memo dated 28th October, 2021, issued by the Deputy Commissioner upon opposite party no.4 with direction to give the shop rooms on rent through public auction. He submits, thereafter said opposite party died. There is no necessity for substitution as the cause to be used against survives to opposite party nos. 1, 2 and 3.
Ms. Naidu, learned advocate appears on behalf of opposite party nos. 1, 2 and 3. Mr. Dasmohapatra, learned advocate appears and submits, his client was opposite party no.4, who died on 9th December, 2022. Prior to his death his client had given on license the shops, for 11 months by taking Rs.10 lakhs as premium. He submits, he will obtain instructions from the chela of his deceased client and accordingly prays for adjournment.
We have recorded submissions made by petitioners and on behalf of deceased opposite party no.4, to enable opposite party nos. 1 to 3 to assist Court on adjourned date for hearing and disposal. Said opposite parties are to demonstrate that there was public auction pursuant to directions made by said memo dated 28th October, 2021. Said opposite parties are also to ascertain regarding submissions made on behalf of deceased opposite party no.4 that during his lifetime he had dealt with the shop rooms. We make it clear, in event there has been unauthorized dealing with the shop rooms, we will interfere and set things right.
List on 24th March, 2023.
.……………………………