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1978 Supreme(All) 334

R.C.SHRIVASTAVA
Seth Hira Lal – Appellant
Versus
State Of Uttar Pradesh Through Its Chief Secretary Secretariate, Lucknow – Respondent


Advocates appeared:
N.C. Rajvanshi, V.K. Khanna

JUDGMENT

K. N. Singh, J.

1. (FOR self and FOR. R. C. Srivastava, J.) :-These are two petitions which raise common questions of fact and law. We consider it necessary to dispose both these petitions by a common order.

2. SETH Banarasi Dass was the owner of 94,320 equity shares having face value of Rs. 10/- each and 2260 preference shares of the face value of Rs. 100/-each in Messers Jaswant Sugar Mills Limited, Meerut. SETH Banarasi Dass was in arrears of taxes and other dues, a certificate for recovery of the amount due was issued against him. The Collector, Meerut took steps to recover an amount of Rs, 61,48,624.21 as arrears of land revenue from SETH Banarasi Dass. The Collector attached the aforesaid equity and preference shares held by SETH Banarasi Dass and issued sale proclamation for the sale of the said shares and appointed the Sub-Divisional Officer of Meerut as the Sale Officer. Several dates were fixed for the sale of the shares but inspite of due publicity through news papers nobody turned up to purchase the shares. Ultimately the Sale Officer fixed 2nd January, 1974 for the auction sale of the shares. The time, date and place fixed for the sale was duly publicised. The

















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