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IN THE HIGH COURT OF ALLAHABAD
SAURABH SHYAM SHAMSHERY
Amar Atma Cold Storage – Appellant
Versus
Board Of Revenue U.P. At Lucknow – Respondent
| Table of Content |
|---|
| 1. the facts of the auction proceedings. (Para 2 , 3 , 4 , 5 , 6) |
| 2. petitioners' arguments against auction validity. (Para 10 , 11 , 12) |
| 3. respondent's defense regarding auction process. (Para 13 , 15 , 17) |
| 4. court's analysis of auction compliance. (Para 19 , 20 , 21 , 24 , 25) |
| 5. requirement for deposit and its implications. (Para 22 , 26 , 27) |
| 6. final ruling on the writ petition. (Para 28 , 29) |
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. Heard Sri Shashi Nandan, learned Senior Counsel assisted by Sri Sudhanshu Pandey, learned counsel for the petitioners and Sri H.N.Singh, learned Senior Counsel assisted by Sri Abhishek Dwivedi, learned counsel for the contesting respondent no.8.
2. In the present case, a recovery proceedings of about Rs.34 lakhs as arrears of land revenue was initiated against the petitioners by putting the cold storage on auction.
3. Initial, three attempts for auction were failed on 18.5.1989, 28.5.1989 and 8.6.1989 respectively either on ground of insufficient bid or highest bidder failed to deposit requisite 1/4th of bid amount within the stipulated time.
4. During these proceedings, highest bid was about Rs.22 lakhs. Fourth sale proclamation was issue
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.
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 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....
When as per auction, highest bidder could not deposit the 25 per cent of bid amount which was required to be deposited by him then there was no other option left with authorities but to re-auction po....
Confirmed auction sales cannot be set aside for alleged inadequacy of price or lack of publicity without proof of fraud or substantial injury.
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 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....
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.
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