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ARUN KUMAR SINGH DESHWAL
Zenith Electrical Private Limited – Appellant
Versus
Board of Revenue U. P. Lko. – Respondent
JUDGMENT :
1. Heard Shri Ajay Pratap Singh Vatsa, learned counsel for the petitioner and Shri R. K. Maurya, learned Standing Counsel representing the State-Opposite parties.
2. No one appears on behalf of opposite parties no.6 to 11.
3. By means of the present petition, the petitioner has challenged the auction proceeding of the assets of the company held on 13.06.1992 as well as sale confirmation order dated 17.07.1992 of Sub Divisional Magistrate, Ghaziabad and also the order of Commissioner, Meerut Division, Meerut dated 23.03.1993 by which an objection against the auction sale dated 13.06.1992 filed under Rule 285-I of Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952 (hereinafter referred to as the 'Rules, 1952') was rejected and also the order of Board of Revenue, Uttar Pradesh, Lucknow dated 06.11.1995 by which the revision of the petitioner against the order of Commissioner, Meerut Division, Meerut was rejected.
4. Factual matrix of the case is as follows:-
5. The petitioner-company is a registered company engaged in the production of transformer, bulb and other electrical goods and because of labour unrest in the factory, production in the company was put in halt a
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 & ....
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....
The limited scope of interference under Rule 285-I and the importance of complying with court directions.
Procedural compliance in auction sales is mandatory, and non-compliance renders such sales void.
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.
The court confirmed that auction sales are valid if proper procedure is adhered to, even when the bid amount decreases, provided that no statutory requirements are violated.
Procedural adherence in auction sales is critical; failure to follow statutory requirements results in invalidation of the sale.
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