Smt. Godawari & Ors. v. Distt. Magistrate , Hardoi & Ors.

Court No. - 2 Case :- WRIT - C No. - 6728 of 2024 Petitioner :- Smt. Godawari And Others Respondent :- Distt. Magistrate , Hardoi And Others Counsel for Petitioner :- Anil Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. As the award by the Motor Accident Claims Tribunal has still not been satisfied and the revenue authorities say that nobody is prepared to purchase the said land in auction on account of its situation, consequently the application of the petitioners for execution under Section 174 of the Motor Vehicles Act, 1988 has been rejected by the Tribunal on 22.08.2022 but the fact is that the award has not been executed as of now and the petitioners are ready to take the land in question, which belongs to the owner who is liable under the award. We, therefore, grant liberty to the petitioners to move afresh application before the Motor Accident Claims Tribunal concerned, which shall consider and issue recovery certificate for satisfaction of the award to the concerned revenue authorities. The petitioners shall then bring those documents on record, thereafter we will consider the matter. List this case in the third week of April, 2025. Till then the land in question shall not be alienated. The revenue authorities shall demarcate the boundaries of the land in question belonging to the owner, which was sought to be auctioned but could not be done, measure its area and get its value determined. The said details be brought on record along with an affidavit before the next date. A copy of this order be sent to the Sub-Registrar, Hardoi, the Collector/District Magistrate, Hardoi and the Sub Divisional Magistrate concerned. Status quo be maintained in respect of the land in question. The Senior Registrar of this Court shall communicate our order to the opposite party No.6. Order Date :- 18.2.2025/Saurabh (Om Prakash Shukla,J.) (Rajan Roy,J.)