P.R. Ramachandra Menon,J.

1. Sustainability of the sale conducted by the Recovery Officer, DRT, Ernakulam in respect of more than 500 acres of land for a total sale consideration of 1.77 crores, bid in favour of the 3rd respondent, is subjected to challenge in WP ©13744/2007 on many a ground, legal as well as factual.W.P.(C) 24482/2004 filed by the State is with a specific prayer to establish the better rights of the State in respect of the dues from the defaulter under various statutes, contending that the "state dues" will have an overriding effect when compared with the other liabilities of the defaulter including to the Bank from whom loan had been availed by the defaulter. The basic points on which the petitioner in WP © 13744/07 addressed this Court are as given below:

(a) The sale has been conducted in contravention of the relevant provisions and procedures, without proper publication, causing the property of large extent to be sold for a throw away price; that too, after recording the satisfaction and necessity to have wide publication

(b) The petitioner undertakes that the entire amount due to the State will be cleared once the sale is set aside, particularly when the