AYISHA TEACHER Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Whether the property subjected to Revenue sale, pursuant to the requisition made by an Institution notified under S.71 of the Kerala Revenue Recovery Act, can be taken over and appropriated by the Government as 'bought in land', invoking the power and procedure under S.50(2) of the said Act is the issue involved herein.

(2.) The petitioner is challenging the action on the part of the Government, whereby the property of her deceased husband, which devolved upon her and the three children, on his demise in 1999, was taken over by the Government as 'bought in land', when there was no bidder in the public auction conducted pursuant to the requisition made by the 'Mumbai Customs' for realization of the amounts due from the deceased to the said Department.

(3.) The petitioner is the widow of late Alliparambil Hamsa @ Babu, against whom some proceedings were taken by the Mumbai Customs in the year 1984, whereby the department imposed a fine of Rs.2 lakhs and a requisition was made to the revenue authorities in Kerala for realization of the said amount. Invoking the machinery under the Kerala Revenue Recovery Act, the revenue authorities proceeded against the properties of the deceased defaulter and since there were no bidders, the sale was adjourned as prescribed and subsequently, the property was bid by the Government as 'bought in land' under S.50(2) of the 'Act'.