Udaipur : A day after an ACJM court in Chittorgarh ordered for the attachment of chair, car and residences of the Tehsildar, Collector and SP for non adherence of a court order related to a property dispute, a single bench chaired by Justice Pushpendra SIngh Bhati granted stay on the entire proceedings of attachment on Wednesday.
The stay was granted on a civil writ petition filed by the state government through the Home Secretary. In the writ, the petitioner said that the department was not a party to the civil suit wherein decree was passed in favor of Asha Devi and therefore the execution proceedings initiated was not maintainable It was also told that in 2004 the petitioner department was allotted the land measuring 9400 sqft in front of the Nagar Palika building for public use by the Home Dept. Accordingly the possession was handed over and even mutation was recorded in the name of the department in the revenue records.
Thereafter the department had been the sole owner and the respondents did not challenge the allocation or mutation at any point of time. Chittorgarh SP Deepak Bhargava said that a petition had already been moved before the High Court some time ago , however, since the listing of the case got delayed, the respondent party filed for the decree execution to the lower court which is not permissible by law.