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. Subsequently, this amount was increased to Rs. 83,976.56. Sour time in November 1958, the sale pro collimation was issued. The name the defaulter in the sale proclamation was given as that of the petitioner and his uncle and the sale w fixed for the 22nd November 195 Prior to that, however, on the 18t November 1958, the petitioner ha moved the Member of the Board Revenue for a stay of the auction sale fixed for the 22nd of Novena 1958. On the 20th November 19 a telegram was issued. 'by the Bo of Revenue to the Collector Bareilly staying the auction sale fixed for the 22nd November 1958. According to the Tehsildar who was conducting the auction sale no telegram was received by him from the Collector Bareilly or from the Board of Revenue. A copy thereof, however, was produced before him at 2 p.m. on the 22nd November 1958, by the petitioner. Before such copy was produced, the impugned 14 lots of land were already auctioned and 25% of the purchase money duly deposited by the action purchaser. On the 23rd November 1958, an application was moved before the District Magistrate to set aside the sale on the ground that there was a stay order by the Board of Revenue. On the 26th February 1959, the stay order by the Board was vacated and again a stay order was reimposed on the 13th May 1959. On the 15th May 1959, the Collector Bareilly informed the Telisildar "The stay order passed by the Board of Revenue would operate as the sons Bhagwan Sahai and Mohan Swarup had agreed to pay Rs. 6000/- before June 1959 and they had further agreed to pay a stun of Rs.. 24,000/- by June 30, 1959. But, if in all, Rs. 30,000/- were, not deposited by June 30, 1959, in addition to Rs. 24961,/- which they claimed to have deposited already the Tehsildar will be free to take all steps regarding the sale of the attached properly on July 1, 1959 and onwards. While time had been allowed to the defaulter to pay part the dues in the above manner the property was directed to remain 'attached; for the balance amount the position will be reviewed only after the payments have been made as stated above." Significantly, the balance of 75% of the purchase money in respect of the auction purchase which took place on the 22nd November 1958, was not deposited by the auction purchasers till the 8th June 1959. This was prima facie in violation of the provisions of rule 285-E of the U. P. Zamindari Abolition Rules 1952, hereinafter referred to as Rules.

3. Although the auction purchaser has been a party to these proceedings he has not appeared nor filed any affidavit to explain why the mandatory provisions under rule 285-E of the Rules were not or could not be complied with or how and why he had picked on the 8th June 1959, to make the mandatory deposit which he was required to make before the expi