SANWAR PAL SINGH Vs. ADDL. COMMISSIONER, SAHARANPUR

JUDGEMENT

(1.) When Hardiya, son of Rama, failed to repay a loan he had taken from the Bank of Baroda, Haroda, Saharanpur, the Bank issued a recovery certificate whereupon the Tehsil Authorities embarked upon the process of selling his security by auctioning it. The auction was preceded by a publication whereby it was advertised that the property was to be sold in auction on 1.1.1997. The petitioners made their bid and quoted their price as Rs. 1,80,200.00. After the bid of the petitioners was found to be the highest, the petitioners deposited the entire money within 15 days. However, despite there being no objection from the erstwhile owner Hardiya, the auction sale was questioned by the Collector, Saharanpur and suo motu on 1.4.1997, the Collector cancelled it. The cancellation was question by the petitioners by filing an objection on 17.4.1997, which was rejected by the Collector on 17.10.1997. Thereafter, the revision as was filed by the petitioners was also dismissed by the Additional Commissioner, Saharanpur on 16.3.1999.

(2.) Aggrieved by the order dated 17.10.1997 by which the Collector had rejected the application of the petitioners for recalling of the order dated 1.4.1997 and against the order dated 16.3.1999 by which the revision of the petitioners was rejected, the instant writ petition has been filed.

(3.) Heard the learned counsel for the petitioners Sri Anurag Asthana and the learned Standing Counsel for the State.