S. TEWARI Vs. COMMISSINER-II VARANASI DIVISION VARANASI

JUDGEMENT

(1.) HEARD learned counsel for the parties. Through this review application review of my judgement dated 5.4.2011 through which I allowed the writ petition has been sought. Petitioner's agricultural land having area of 2.34 acres was sold through auction on 18.9.1989 and was purchased by respondent no.6 for Rs.42,000/- in realisation of some dues which were recoverable like arrears of land revenue. Auction sale was confirmed on 23.10.1989. Petitioner's objections under Rule 285(i) of the Rules framed under U.P.Z.A.L.R. Act Sale case no.1/218 of 1989 Suresh Tiwari Vs. Vishwanath and others were rejected by Additional Commissioner(II) Varanasi division Varanasi on 17.3.1990. The writ petition was directed against auction sale, Its confirmation order and the order passed by the Additional Commissioner. Through judgment dated 5.4.2011 I set aside all the three orders (sale, confirmation of sale and rejection of petitioner's objection).

(2.) I allowed the writ petition only on the ground that S.D.O./Assistant collector Ist Class in charge of the division had no jurisdiction or authority to conduct the auction sale and to confirm the sale placing reliance upon two Division Bench authorities of this Court reported in Ajay Upadhayay Vs. Collector Ballia 2008 (3) ADJ 109 and Ram Awadh Tiwari Vs. Sudarshan Tiwari 2008(6) ADJ 776 (DB). However, afterwards in another writ petition being writ petition no.6437 of 1991 Shiv Narain Dubey Vs. State of U.P. decided on 19.9.2011, I held the Division Bench authority of Ram Awadh Tiwari per incurium as it had not taken into consideration the notifications dated 30.5.1981 and G.O. dated 10.8.1981.

(3.) HOWEVER , the said notification had been rescinded through notification dated 30.5.1981 published in U.P. gazette dated 29.8.1981 which is quoted below: