FASAHAT ALI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This is a petition under Article 286 of the Constitution in which the petitioners seek to have quashed an order of the Board of Revenue dated the 29th November, 1956. The facts necessary for the decision of this petition can be stated very shortly.

(2.) A building in Lucknow was ordered to be sold in proceedings under the U. P. Encumbered Estates Act. A sale proclamation was duly issued In which it was stated that the sale would take place on the 31st March, 1949, at 2 p.m. in the Raushan-ud-Daula Kutchery. The sale did not in fact take place on that date but was postponed to the 8th April 1949. On the 5th April, that is three days before the sale, the Deputy Commissioner directed that the sale should be held at the site of the building. No fresh proclamation of sale was issued. On the 8th April the sale was held and the building was sold for Rs. 48,500. An objection to the sale was dismissed by the Deputy Commissioner by an order dated the 18th April, 1949, and an appeal by the petitioners against this order was dismissed by the Additional Commissioner, Lucknow, on the 10th January, 1956. An application for the revision of the latter order was then filed by the petitioners before the Board of Revenue and was dismissed by an order dated the 29th November, 1956, the validity of which is now being challenged.

(3.) The Board of Revenue held that there had been a material irregularity in conducting the sale within the meaning of Order 21, Rule 90 of the Code of Civil Procedure, but as it was of opinion that the petitioners had not as a consequence thereof sustained substantial injury the sale could not be set aside.