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2008 Supreme(UK) 402

B.C.KANDPAL
Rameshwar Havelia – Appellant
Versus
Asian Agro Farms India Ltd. – Respondent


Advocates Appeared:
Alok Singh, learned Sr. Adv. assisted by Gajendra Tripathi & Miss. Mamta Joshi, for Petitioner; M.C. Bansal. learned Counsel, for - Respondent.

ORDER :-

By way of this petition. under Article 227 of the Constitution of India, the petitioner has sought the relief to issue a writ order or direction in the nature of certiorari, quashing the order dated 30-7-2007 (Annexure No.1 to the petition) passed 5 by City Magistrate. Dehradun under Section 146(1) Cr.P.C. as well as the order dated 29-5-2008 (Annexure No. 2 to the petition) passed by 2nd Additional District & Sessions Judge. Dehradun in Criminal Revision No.107 of 2007. Rameshwar Havelia v. State of Uttarakhand and another.

2. According to the petitioner he purchased the property bearing No. 183-1/1, Rajpur Road. Dehradun vide registered sale deed dated 30-1-2003 from respondent No.1 for Rs. 55 Lakhs. The entire payment was made through cheque. which was duly encashed by the respondent No.1 and since then the petitioner is owner in possession of the said property. The name of the petitioner has also been mutated in the Municipal records and all the taxes pertaining to the aforesaid property ever since the date of purchase are being paid by the petitioner. The further allegation of the petitioner is that after the purchase of the aforesaid property one Sri Jagdish Prasad ha





































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