STATE OF U.P. Vs. DEVENDER SINGHS

JUDGEMENT

(1.) IN this case it has been difficult for me to make a pattern out of a chaos of happening. The courts below have not given a description with particulars, apart from abstract analysis of succeeding events from the beginning to it's conclusion. A sum at Rs. 53,68,296.65 outstands against M/s. Balwant Automobiles (Pvt.) Ltd. Civil Lines, Bareilly. A recovery certificate from Sales Tax department to Collector, Bareilly to help recover the amount. The action begins with attachment of properties as below: Kothi No. 130, Kothi No. 131 and Kothi No. 131 -A, Civil Lines Bareilly. Also Kothi No. 65, Cantonment, Bareilly and Kothi No. 7/33, Bhotiq Padas, Haldwani.

(2.) THE attachment of Kothi No. 131, Civil Lines, Bareilly is effected on 25.11.1977 by Additional Collector. Against the order of attachment an objection No. 11/77 -78 by Devender Singh and Rohilkhand Real Estate on 20 -1 -1978. On 24.1.1978 Additional Collector Shri M.A. Singh orders: confirmation of sale is stayed till further order. He means sale to be effected shall not be confirmed until the objection dated 20 -1 -1978 has been decided. The auction sale follows on 26.3.1979. The Kothi is purchased by higher bidder Smt. Sarla Devi Talwar for a sum at Rs. 75,000.00.

(3.) AGGRIEVED by the order revision Nos. 4 and 5/L.R. Act/1980 -81 by Devendar Singh and Rohilkhand Real Estate. On 29.11.1982 Hon'ble Member Shri M. Prasad has set aside the order of Commissioner dated 30 -9 -1980; also directs that auction of attached property shall not eventuate unless recovery officer is fully satisfied that property really belongs to defaulters.