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CHANDRA KUMAR RAI
Narayan Kumar Agarwal – Appellant
Versus
Board Of Revenue – Respondent
JUDGMENT :
1. Heard Sri Manish Kumar Nigam, learned counsel for the petitioners, learned Standing Counsel for respondent nos.1 & 2 and Sri Deepak Kumar Jaiswal and Sri Sanjay Maurya, counsel for respondent nos.4 & 5.
2. Brief facts of the case are that there were certain sales take dues against the firm M/s Sudarshan Oil Mills Nasirabad, Padri Bazar, District-Gorakhpur for the year 1963-1964 to 1969-1970 for an amount of Rs.7764.57 + interest. Petitioners’ father Manohar Lal was a partner in the aforementioned firm. Recovery proceeding for the sales tax of the aforesaid firm were initiated and an order of attachment was issued by the Collector on 22.7.1975 attaching double storied house belonging to petitioners’ father. Thereafter a sale proclamation dated 2.9.1975 was issued by the Collector for the auction of the house belonging to petitioners’ father fixing 7.10.1975 under Rule 282 of the U.P.Z.A. & L.R. Rules. Since 7.10.1975 was a holiday, hence auction could not take place on 7.10.1975. An auction was held on 8.10.1975 without issuing any fresh proclamation for holding auction. Six persons participated in the auction and out of six persons, Sri Durga Prasad was the highest bidd
The main legal point established in the judgment is the emphasis on the limitation period of 30 days for filing an application against auction sale under Rule 285-I of the U.P. Zamindari Abolition & ....
Confirmed auction sales cannot be set aside for alleged inadequacy of price or lack of publicity without proof of fraud or substantial injury.
Point of Law : Whenever the sale of any holding or other immovable property is set aside under Rule 285-H or Rule 285-I the purchaser shall be entitled to receive back his purchase money plus an amou....
Mandatory compliance with Rule 285-E of the Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952 is essential for the validity of auction sales.
Non-compliance with the requirement to deposit the remainder of the purchase money within the specified time renders the auction sale a nullity.
The main legal point established is that an auction sale can be set aside if there are substantial irregularities and fraud, and the application to set aside the sale was filed within the limitation ....
Procedural compliance in auction sales is mandatory, and non-compliance renders such sales void.
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