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2012 Supreme(All) 1118

PANKAJ NAQVI, SUNIL AMBWANI
FARUGHUL HASAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
R.N. Bhalla, Mohammad Ali, B.R. Singh and S.K. Srivastava for the Petitioners; K.K. Shangloo, S.K. Jauhari and C.S.C. for the Respondents.

JUDGMENT

By the Court.—We have heard Shri B.R. Singh, learned counsel appearing for the petitioners. Learned Standing Counsel appears for the State respondents. Shri K.K. Shangloo appears for the respondent No. 5-the auction purchaser.

2. The petitioners have prayed for quashing the recovery certificate; the auction sale dated 22.6.1972; the confirmation dated 11.5.1973 of House No. 66 Sailani, Bareilly. The petitioners have also prayed for setting aside the judgment and order dated 6.1.1986 in Original Suit No. 255 of 1974, passed by the IInd Additional Civil Judge, Bareilly, and the judgment and order dated 21.9.2000 in Civil Appeal No. 10 of 1986 passed by the VIIth Additional District Judge, Bareilly. They have also prayed for a writ of mandamus directing the respondents not to interfere in their peaceful possession over house No. 66 Mohalla Sailani, Bareilly.

3. Brief facts, giving rise to this writ petition, are that a recovery citation of Rs. 14, 077.27 was issued in the year 1971/1972 for recovery of sales tax dues against Mehboob Husain, Mohammad Siddique and Mohammad Shabbir, carrying on business in the name of M/s Mehboob Husain & Co.; M/s Mohd. Siddique & Mohd. Shabbir a





























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