Sunday , September 19 2021

Chittorgarh court issue warrants to attach Collector, SP’s office property

UdaipurAn additional civil & judicial magistrate (ACJM) court in Chittorgarh issued warrants for attachment of chairs, cars and quarters of the district collector, superintendent of police and tehsildar here on Tuesday. The order was issued in connection with a case pertaining to not having adhered to the court’s order to hand over possession of a valuable property to its owner,  situated on one of the prime locations in Chittorgarh city. 

The order is related to a 1994 case wherein the erstwhile collector R.S Gathala handed over the possession of a property located in front of the Municipal Corporation office, to the police department terming it as a disputed land. The property  owner Asha Devi challenged the collector’s order in a competent court and won the case in 2004. The court ordered the authorities to hand over the land’s possession back to the woman. The administration filed an appeal however, it was dismissed in 2018 but even after two years, the possession was not granted to the petitioner. 

Asha Devi’s counsel filed an application before the ACJM court for adherence of court order and the collector and SP were given ample chances for appearances and proper representation of their sides. However, the officers didnt turn up before the court and hence the magistrate issued  warrants to attach the movable and immovable properties including the chairs, vehicles and quarters.

The public prosecutor filed an application apprising the court that a civil writ petition  is pending for hearing before the High Court at Jodhpur. However the court dismissed the application stating that the HC has not granted any stay in the case and hence the attachment proceedings be carried out. 

The court dismissed the collector’s application filed under section 47 of the Code of Civil Procedure (CPC) on a cost of 5 thousand rupees while the SP’s application for exemption from attachment, on the ground that he was not named as one of the parties in the original petition,too was dismissed on cost of a rupee. 

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