JASWANT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned standing counsel. The agricultural land of Harnam Singh was put to auction for recovery of certain dues against him. One Ompal Singh's bid was found to be the highest. He deposited 1/4th of the bid amount but did not deposit the remaining 3/4th amount within the prescribed period. He applied for extension of time and the Additional District Magistrate passed an order on 29th September, 1988 granting one week further time to deposit the remaining amount. Inspite of this specific direction, the auction purchaser did not deposit the amount within the stipulated period, i.e., till 6th October, 1988 but deposited the 3/4th amount on 10th November, 1988, i.e., after the expiry of the period. When the sale certificate was not issued, the auction purchaser filed a writ petition which was disposed of by a judgment dated 3rd August. 2009 passed in Om Pal Singh v. Collector, Aligarh and others. Writ Petition No. 22829 of 2003, in which it was held that since the 3/4th amount was not deposited within the stipulated period which was against the Rules, no sale certificate could be issued.

(2.) The Court found that the deposit of 3/4th of the amount was accepted by the Collection Amin without any order of the Competent Officer and that such amount was accepted after the stipulated period without any authority of law.

(3.) In the light of these findings, the Court directed the District Magistrate, Aligarh to refund the entire amount deposited by Om Pal Singh alongwith interest at the rate of 10% per annum to be calculated from the date of deposit. This order has become final.