GHAN SHYAM Vs. ADDITIONAL COMMISSIONER JHANSI

JUDGEMENT

(1.) FOR recovering loan of Rs. 11,660/- of Punjab National Bank, as arreas of land revenue certain agricultural plots of the respondent no. 4, were auctioned on 30-3-1990. Respondent no. 4 made an application on 26-4-1990 before the Collector Under Rule 285-H of the U. P. Zamindari Abolition and Land Reforms Rules (hereinafter referred to as ZA Rules), for getting the sale set aside on his depositing the amount of arrears and certain other charges prescribed by rules. The Collector on 26-4-1990 itself passed an oroer on this application directing Sub Divisional Officer to consider the request for cancellation of the auction sale as respondent no. 4 is willing to deposit the whole of the arrears and other charges. The Sub Divisional Officer, however, passed order on 2-5-1990 directing thereby the Tahsildar to get the requisite amount deposited by the respondent no. 4. In pursuance of the aforesaid direction the order was passed on 5-5-1990 requiring the respondent no. 4 to deposit the necessary amount and the respondent no. 4 deposited the whole amount on 5-5-1990. Against the aforesaid orders and the deposit of the necessary amount by the respondent no 4, the petitioner, who is the auction purchaser, filed objection before the Commissioner, which had been rejected by the learned Commissioner by order dated September 9, 1990. It is against the aforesaid order that this writ petition has been filed by the petitioner on the ground that as the respondent no. 4 had not deposited the requisite amount within thiry days from the date of auction sale, the sale cannot be cancelled and on the other hand, it is liable to be confirmed in his favour.

(2.) RULE 285-H of the ZA RULEs gives a right to a person whose immoveable property has been sold in connection with realisation of any amount as arrears of land revenue, to apply within thirty days from the date of sale, to have sale set aside on his depositing arrears alongwith five percent of the purchase money and costs of the sale and on making such deposit the Collector is required to set aside the sale. RULE 285-H is quoted below :-

(3.) IN this case the question about period for deposit was not involved and was neither raised nor decided and the only question which was raised and decided was whether an application under Rule 285-H or 285-1 for getting the sale set aside, could be made after thirty days from the date of sale.