JUDGMENT

S.C. Manchanda, J. - This is a writ petition under Article 226 of the Constitution by Kr. Mohan Swarup hereinafter referred to as the petitioner. The relief claimed is for a writ of certiorari quashing the order dated the 10th July 1959 confirming the sale of 14 lots of land auctioned by the Tahsildar on the 22nd November 1958, which plots according to the State were auctioned before the receipt of a copy of the telegram from the Board of Revenue dated, the 20th November, 1958, staying the auction of the plots in dispute.

2. The facts giving rise to this petition are some what confused as a counter affidavit was filed on the 19th January 1960 and again a supplementary counter affidavit was filed after a lapse of more than four years on the 8th July 1964, with the result that there were a wo rejoinders filed one on the 22nd of February 1960 and the other on the 7th of August 1964. The facts however on which there would appear to be no dispute are these. 953 Bighas of land belonging to the petitioner and his uncle Kunwar Bhagwandas Sahai were attached by an attachment order dated, the 3rd September 195 for the first time for Takabi (loan) agricultural Income-tax and the dues.