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2006 Supreme(UK) 671

PRAFULLA C.PANT, DHARAM VEER
Atiq Malik – Appellant
Versus
State of Uttaranchal – Respondent


Advocates appeared
J.J. Munir, for Petitioner; A. K. Joshi, for Official Liquidator. Learned Standing Counsel, for Respondent No. 1 and 2.

Judgement

PRAFULLA C. PANT, J. :- By means of this petition, moved under Article 226 of Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the impugned judgment and order dated 5-5-2005 (copy Annexure 14 to the writ petition), passed by District Magistrate, Champawat. A mandamus has also been sought not to interfere in petitioner's exercise of property rights over the property purchased by him through the proceedings taken by Recovery Officer, Debt Recovery Tribunal-II, Kolkata.

2. Heard learned counsel for the parties.

3. Brief facts of the case are that an advertisement (Annexure-1 to the writ petition) was issued in the newspaper by Recovery Officer, attached to Debt Recovery Tribunal-II, Kolkata in T.R.C. No. 06 of 2002, Dena Bank v. M/s. KHSL Industries Limited, for sale of industrial units, one of which is located at Tanakpur, District Champawat in Uttaranchal. The petitioner in pursuance to said advertisement, submitted his tender complying the condition of sale notice. The bid of the petitioner being highest at Rs. 9,00,000/- was accepted and sale confirmation order dated 9-8-2004 (copy Annexure-2) and sale certificate dated 9-8-2004 (co










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