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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Irshad Ali,J.
Devesh Chandra Dwivedi – Appellant
Versus
Commissioner Faizabad – Respondent
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| 1. factual background concerning the auction and ownership of land. (Para 1) |
JUDGMENT :
Irshad Ali, J.
1. Heard Pt. S. Chandra, learned counsel for the petitioner and Shri Shiv Ganesh Singh, learned Standing Counsel appearing for the respondents-State. 2. By means of the present writ petition, the petitioner is challenging judgment and order dated 28.08.2002 passed by the Additional Commissioner (Judicial), Faizabad Division , Faizabad (Opposite party no.2 in Revision No.5583, contained in Annexure-27 to the writ petition and order dated 20.12.1999 passed by the Additional/Naib Tehsildar rejecting the application of the petitioner for mutation, contained in Annexure-20 and order dated 21.12.1999 passed by the Additional/ Naib Tehsildar directing to record the name of Anjum Faroz over the land in dispute, contained in Annexure-21 with further prayer that the direction in the nature of Mandamus be issued to the opposite parties not to implement the impugned judgment and order dated28.08.2002 passed by the opposite party no.2.
3. Factual matrix of the case is that one Jagesher son of Hari Charan tookloan from bank of Baroda in the year of 1981 against Plot No.1025 area 0-8
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 ....
Confirmed auction sales cannot be set aside for alleged inadequacy of price or lack of publicity without proof of fraud or substantial injury.
Failure to pay maintenance can lead to lawful execution proceedings, including property sale, with objections to such sales dismissed if not maintainable.
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.
Auction sales under CPC require strict adherence to mandatory deposit rules, failing which the sale is void ab initio and cannot be ratified by subsequent actions.
Non-compliance with the requirement to deposit the remainder of the purchase money within the specified time renders the auction sale a nullity.
The court affirmed that failure to comply with prior court orders and the finality of executed sale deeds limit the ability to contest auction proceedings under the Land Revenue Code.
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....
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