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MANISH KUMAR
Ravindra Kumar – Appellant
Versus
Board Of Revenue Lko. Through Its Secy. – Respondent
JUDGMENT :
(Manish Kumar, J.)
1. Heard learned counsel for the petitioner and Sri Hemant Kumar Pandey, learned Standing Counsel for the State.
2. The present writ petition has been preferred for quashing of the impugned order dated 7.8.2008 passed by the Respondent No.1 (Board of Revenue, U.P., Lucknow) under Section 219 of the Land Revenue Act and order dated 6.6.2005 passed by the Respondent No.2 (Additional Commissioner (Judicial), Lucknow Division, Lucknow) under Section 285-I of the Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952 (hereinafter referred as 'Rules, 1952).
3. Learned counsel for the petitioner has submitted that the petitioner had purchased a land Gata No.978 area 0.4810 hectare and Gata No.1060 area 0.6160 hectre situated at Village Tikra Kalan, Pargana -Gondwa, Tehsil -Sandila, District -Hardoi through public auction which was held on 24.10.1991. The petitioner as per Rule 285D of Rules, 1952 had deposited 25% of the purchase amount on the very same day i.e. 24.10.1991. The remaining amount of sale consideration was paid by the petitioner on 08.11.1991 to the Collection Amin on or before 15th day from the date of sale as per Rule 285E of the Rules,
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.
The auction of immovable property must adhere strictly to the procedural requirements set forth in the Karnataka Land Revenue Act, including proper notice and accurate property description, to ensure....
The court affirmed that an auction sale confirmation under the U.P. Zamindari Abolition and Land Reforms Rules is final after 30 days, barring any objections, and cannot be revoked by the confirming ....
The court ruled that failure to deposit the mandatory 25% bid amount in a court auction renders the sale void, necessitating a resale, and coercive measures against the auction purchaser are not perm....
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