FARUGHUL HASAN Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Shri B.R. Singh, learned counsel appearing for the petitioners. Learned Standing Counsel appears for the State respondents. Shri K.K. Shangloo appears for the respondent no.5-the auction purchaser.

(2.) The petitioners have prayed for quashing the recovery certificate; the auction sale dated 22.6.1972; the confirmation dated 11.5.1973 of House No. 66 Sailani, Bareilly. The petitioners have also prayed for setting aside the judgment and order dated 6.1.1986 in Original Suit No. 255 of 1974, passed by the IInd Additional Civil Judge, Bareilly, and the judgement and order dated 21.9.2000 in Civil Appeal No. 10 of 1986 passed by the VIIth Additional District Judge, Bareilly. They have also prayed for a writ of mandamus directing the respondents not to interfere in their peaceful possession over house No. 66 Mohalla Sailani, Bareilly.

(3.) Brief facts, giving rise to this writ petition, are that a recovery citation of Rs. 14, 077.27 was issued in the year 1971/1972 for recovery of sales tax dues against Mehboob Husain, Mohammad Siddique and Mohammad Shabbir, carrying on business in the name of M/s Mehboob Husain & Co.; M/s Mohd. Siddique & Mohd. Shabbir and M/s K.B. Brick Works. Shri Mehboob Husain and Shri Mohammad Siddique were partners in M/s Mehboob Husain & Co. Shri Mohammad Siddique and Shri Mohammad Shabbir were partners in the firm of M/s Mohd. Siddique & Mohd. Shabbir and Shri Mohammad Shabbir was the proprietor of the firm M/s K.B. Brick Works, which had defaulted in payment of sales tax.