P K SUBAIDA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) GRIEVANCE of the petitioner is with regard to the non acceptance of the basic tax by the revenue authorities in respect of the property purchased by him pursuant to a sale conducted at the instance of the 4th respondent Bank in a proceeding under the SARFAESI Act.

(2.) THE defaulter was proceeded against by the 4th respondent Bank when the loan availed was not satisfied and the property of the defaulter was put to sale under the relevant provisions of the SARFAESI Act. The petitioner came to be the successful bidder, who quoted the highest amount and on acceptance of the bid, Ext.P1 sale certificate was issued in favour of the petitioner on 2.6.2010. However, the revenue authorities refused to accept the basic tax in respect of said property causing necessary entries in the revenue records and on enquiry, the petitioner was informed vide Ext.P5 information dated 22.12.2011 that there was some proposal for attachment of the property. The learned counsel for the petitioner submits that, on coming across such circumstance with reference to attachment issued by the Judicial First Class Magistrates Court, No.1, Hosdurg, the petitioner had filed C.M.P.No.8283/2011 in M.C.No.299/2010 seeking to lift the attachment; which was heard and allowed, as borne by Ext.P4. The learned Magistrate observed vide Ext.P4 order dated 22.10.2011, that there was no attachment at all and that the order already passed was only 'ad-interim injunction' restraining the concerned respondents from alienating the property and even that order was vacated as per Ext.P4. In spite of producing the requisite materials before the Village Officer, some other 'proposal for attachment' is referred to and Ext.P5 has been issued, which made the petitioner to approach this Court for immediate interference.

(3.) IN the above circumstances, this Court finds that the petitioner is entitled to enjoy the property by remitting the necessary basic tax to the exclusion of all others. The 2nd respondent is directed to effect the change in Registry pursuant to Ext.P1, subject to the satisfaction of all the requirements as contemplated under the Transfer of Registry Rules, 1966, as early as possible, at any rate, within 2 months from the date of filing an application in this regard.