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2020 Supreme(All) 1252

SANGEETA CHANDRA
Ram Palat Misra – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
For the Appellant : Rakesh Mishra
For the Respondents: Mohd. Abid Ali, Gopal Kumar Srivastava and Syed Husain Mohdi

ORDER

Sangeeta Chandra, J.

1. Heard the learned counsel for the parties and perused the record.

2. This Court had passed two detailed orders one of which dated 06.05.1994 after recording the submissions of the learned counsel for the petitioner, had stayed the further recovery proceedings and clarified that auction sale that had already taken place on 14.08.1992, shall not be confirmed and the petitioner's possession shall not be disturbed from the land in dispute nor the proceedings for arrest and detention of the petitioner shall take place until further orders. This writ petition was dismissed as infructuous on 17.07.2014 and thereafter, restored on an application made by the legal heirs of the petitioner. After restoration of the writ petition on 13.07.2017, the interim order was revived. The auction purchaser died in the meantime, and he was also substituted by his legal heirs and representatives. This Court while hearing the matter on 27.11.2017 noticed that no counter affidavit was filed by the State-respondents, therefore, directed the State-respondents that counter affidavit be filed failing which the Collector, Sultanpur, would appear in person to assist this Court. A Counte

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