COMMISSIONER Vs. JASWANT SUGAR MILLS LTD

JUDGEMENT

(1.) These five special appeals have been preferred against the judgment and order dated 27.4.2001 of a learned single Judge in Civil Misc. Writ Petition No. 16451 of 1999, Jaswant Sugar Mills Ltd. v. Commissioner, Meerut Division, Meerut. The appeals have been preferred by the Commissioner, Meerut Division, and also by the auction-purchasers.

(2.) M/s. Jaswant Sugar Mills Ltd. filed the writ petition for quashing the sale proclamation dated 28.3.1992, the order dated 30.5.1992, passed by the Sub-Divisional Magistrate, Meerut, confirming the auction sale of the properties of the petitioner and the order dated 5.4.1999 passed by the Commissioner, Meerut Division, Meerut, dismissing the application filed by the petitioner under Rule 285-1 of the U. P. Zamindari Abolition and Land Reforms Rules (in short, the Rules).

(3.) The Secretary, Chini Mill Mazdor Hitkari Samiti, Meerut, moved an application before the Collector, Meerut, for recovery of certain amount from M/s. Jaswant Sugar Mills Ltd. The Collector, Meerut, initiated proceedings for recovery of Rs. 75,99,445 towards salary, wages and gratuity of the workmen as arrears of land revenue. A sale proclamation fixing 28.3.1992 for auction of the properties was issued and thereafter auction was held. The petitioner then filed an application before the Commissioner, Meerut under Rule 285-1 of the Rules for setting aside the auction-sale, which was rejected on 5.4.1999. During this period several writ petitions were filed and proceedings before the Board of Revenue also took place, details of which have been given by the learned single Judge in the impugned order. However, they are not very relevant for deciding the special appeals. The learned single Judge allowed the writ petition and quashed the sale proclamation dated 28.3.1992, the order dated 30.5.1992, by which auction sale was confirmed and the order dated 5.4.1999 passed by the Commissioner under Rule 285-1 of the Rules.