Attach official cars of Chandigarh Finance Secretary, DC: Court

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Chandigarh, October 21

A local court ordered the attachment of official cars of UT Finance Secretary and Deputy Commissioner-cum Estate Officer bearing registration nos. CH01G0007 and CHO1G0009 in an execution proceeding filed by Fariad Chand and others through their counsel Ashok Sehgal.

The petitioners whose names were not included in the list of successful allottees of booths in Sector 22 on the basis of an alleged survey conducted by the Administration, had approached the court for the allotment of booths.

Sehgal contended the petitioners were having all documents which entitled them for the allotment of built-up booths, but the Administration solely on the basis of one survey when the petitioners were not found there rejected their claim. The petitioners produced all related documents — licence for hand cart and other receipts regarding fee for the allotment.

The Administration failed to adduce any evidence against the petitioners. As a result, then Civil Judge while allowing the suit directed the administration/respondents to allot a booth to each petitioner.

Thereafter, the Administration failed to file a statutory appeal before the appellate authority within the time period under the limitation Act, which too was contested by the petitioners and the same was dismissed on the ground of limitation itself by the court of then Additional District Judge on May 30, 2018.

The Administration then preferred a civil revision before the High Court. The latter while condoning the delay in filing an appeal gave three months’ time for the disposal of the appeal vide its order September 27, 2022, but the Administration failed to get any orders from the appellate authority after about the lapse of one year.

Sehgal agitated the matter in the presence of the government pleader that since one year had expired and there was no stay of any kind, the warrant of attachment of properties be issued for putting the official machinery into process and the petitioners being more than 75 years of age are still deprived of their legal right for the allotment of booths.

The court ordered the attachment of vehicles of the officials on the basis of the list provided by decree holders.

Kept delaying action

• A city court, allowing a suit filed by petitioners, had directed the Administration to allot a booth to each of them
• The latter failed to file statutory appeal within the stipulated time, which was dismissed
• It then filed a civil revision before the High Court; got three months’ time, but did nothing
• Court now ordered attachment of government vehicles of both Finance Secy and DC