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2004 Supreme(All) 1405

S.K.SINGH
Mohan Lal Bagla – Appellant
Versus
Board of Revenue – Respondent


Advocates:
Counsel for the Petitioners: B. D. Mandhyan, Ravi Kiran Jain and S. C. Tandon.
Counsel for the Respondents: V. B. Upadhyaya and R. N. Singh, S.C.

JUDGMENT

S. K. Singh, J.—These are two connected writ petitions on the same cause of action challenging same impugned orders and therefore, both have been taken up together and are being decided accordingly. Writ Petition No. 4451 of 1986 is being made as leading case. Facts and details as given in both writ petitions are the same and therefore, they are being collectively mentioned.

2. Challenge in both petitions is the auction sale dated 24.3.1979, sale certificate dated 19.2.1980 rejection of petitioner’s objection under Rule 285 (1) of U.P.Z.A and L.R. Rules (hereinafter referred to as the Rules) by the Commissioner by his order dated 15.12.1979 and dismissal of their revision by the Board of Revenue by order dated 21.11.1985. In support of Writ Petition No. 4450 of 1986, Sri B. D. Mandhyan, learned senior advocate appeared and in opposition, Sri V. B. Upadhyaya, learned senior advocate submitted his arguments. In Writ Petition No. 4451 of 1986, Sri Ravi Kiran Jain, learned senior advocate and in opposition thereof, Sri R. N. Singh, learned senior advocate has been heard.

3. Issue in the writ petition is the validity and the propriety of auction sale of three houses, i.e., hou










































































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