ATHAR ALI KHAN Vs. KHALEEQ AHMAD

JUDGEMENT

(1.) Heard Sri W.H. Khan, Senior Advocate, assisted by J.H. Khan, for the applicant. This contempt application (civil) has been filed for initiating contempt proceeding against Khaleeq Ahmad (who was one of the respondent in Writ B No. 26306 of 2011) and Naresh Kumar, Revenue Inspector, Shamli for disobeying the interim order dated 20.5.2011 passed in Writ B No. 26306 of 2011 and to direct them to pay ' 5 Lac by way of compensation to the applicant.

(2.) Recovery proceeding was initiated against Mustafa Khan for recovery of Sales Tax dues. In the recovery proceeding, plot 216 situated in village Butrara, pargana and district Shamli was auctioned on 12.3.1981. Athar Ali (applicant) and Shahzaman Khan were highest bidder and their bid was accepted. The auction was confirmed by the Collector on 26.6.1981 and sale certificate was issued on 3.7.1981 and possession was delivered on 7.7.1981.

(3.) Khaleek Ahmad and his co-sharers filed an objection to the auction sale. Board of Revenue U.P. by order dated 25.1.1983 upheld the objection. The applicant filed Writ Petition No. 1440 of 1983, which was allowed by judgment dated 12.4.2007 and setting aside order dated 25.1.1983, the matter was remanded to Board of Revenue U.P. for fresh decision. After remand, Board of Revenue U.P. by order dated 4.2.2011, confirmed the auction sale dated (sic)1981.