Neutral Citation No. -

2026:AHC-LKO:14363 [A.F.R.]

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 1002144 of 2002 Sher Bahadur Singh …..Petitioner(s)

Versus Additional Commissioner Judicial Lucknow and 2 others …..Respondent(s)

Counsel for Petitioner(s) : Shafiq Mirza, Humayun Mirza, Syed Ahmad Jamal Counsel for Respondent(s) : C.S.C., A.z. Siddiqui, Asheesh Agnihotri, I.h. Farooqui, Ikhlaq Hussain Farooqui, Praveen Chandra Court No. - 4 HON'BLE IRSHAD ALI, J.

1. Heard Shri Syed Ahmad Jamal, learned counsel for the petitioner and Shri Satrughan Chaudhary, learned Additional Chief Standing Counsel appearing for the respondents-State.

2. None has put in appearance for the private respondents.

3. By means of the present writ petition, the petitioner has prayed for issuance of a writ in the nature of Certiorari quashing the order dated 10.5.2002 passed by the Additional Commissioner (Judicial), Lucknow Division, Lucknow contained in Annexure No.3 to this writ petition.

4. Factual matrix of the case is that plot no.611 measuring 311, plot no.11/1 measuring 7.653, plot no.116 measuring 759 and plot no.51 measuring 0.63 are said to have been auctioned for recovery of certain alleged dues against the petitioner. On 15.2.2000, auction is said to have taken place. On 23.3.2000, the said auction is said to have been approved.

Rule 281 onwards of the Rules provide for sale of immovable property. According to Rule 281 of the Rules recourse can only be had to the sale of holding under Section 284 of the U.P. Zamindari Abolition and Land Reforms Act, 1950. When the processes specified in clauses (a), (b), (c) or (d) of Section 279 of the Act would be insufficient for the recovery of the arrears.

The process for sale of holding under Section 284 of the Act and other immovable property under Section 286 shall be issued by the Collector. Section 284 of the Act provides that the Collector may in additional to or instead of any of the processes herein before specified either on his own motion or on the application of the Land Management Committee, attach the holding in respect of which an arrears is due.

Rule 272 of the Rules provides that process for attachment of holding under clause (d) of Section 279 may be issued only by the Collector. Rule 273 of the Rules provides that wherein any land is attached a proclamation in Z.A. Form-73 shall be affixed at a conspicuous place in the village in which the land is situate and it shall also be notified by beat of drum. The attachment of holding under the Rules shall be effected in the matter prescribed under Order 21 Rule 54 of the Code of Civil Procedure.

Rule 282 of the Rules provides for a proclamation of sale.

Rule 283 of the Rules provides the manner in which the Collector has to issue the sale proclamation. Rule 283 also deals regarding the said manner. Rule 285-A provides that every sale under Sections 284 and 286 shall be made either by the Collector in person or by an Assistant Collector specially appointed by him in this behalf. It further makes it clear that no such sale shall take place on a Sunday or other gazetted holiday or until after the expiration of atleast 30 days from the date on which the proclamation under Rule 282 was issued. It also provides that the Collector may from time to time postpone the sale.

Rule 285-C provides that if the defaulter pays the arrears in respect of which the land for other immovable property is to be sold at any time before the day fixed for the same, the person authorized to collect the amount in arrears or to the person appointed under Rule 282-A to conduct the sale, the sale officer, on being satisfied of the payment shall stay the sale.

Rule 285-H of the Rules provides that any persons whose holding or other immovable property has been sold under the Act may, at any time within 30 days from the date of sale, apply to have the sale set aside on his depositing in the Collector’s office (a) for payment to the purchaser, a sum equal to 5% of the purchase-