SHIV BAHADUR SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel. However, none responds for the private respondents, though the names of S/Sri Ravi Singh, R. L. Verma, Ashok Kr. Pandey and Shiv P. Shukla have been printed in the cause-list. In pursuance of the order dated 24.4.2009 passed by this Court, learned Standing Counsel has produced the relevant record. Learned counsel for the petitioner submits that Writ Petition No. 5010 (MB) of 2004 has been filed assailing the order of recovery certificate and during pendency of the aforesaid writ petition, the sale proclamation has been issued on 9.2.2005 and the property was put to auction on 10.3.2005. As the intervening period between sale proclamation and auction was only 28 days, the petitioner preferred objections before the authority concerned and the same has been rejected. While rejecting the objections, no finding has been recorded by the competent authority. Being aggrieved, the petitioner preferred revision before the Board of Revenue, which too was dismissed. Learned Standing Counsel, on the basis of instructions and record, submits that the sale proclamation has been issued on 9.2.2005, whereas the auction took place on 10.3.2005. Admittedly, as per Rule 285-A of U.P.Z.A. and L.R. Rules, 1952, no such sale takes place until after expiry of the thirty days from the date on which the proclamation under Rule 282 was issued. This Court, in the case of M/s. Swadeshi Polytex Limited Versus Board of Revenue and others [2006 (24) LCD 1] has specifically held that the provisions of 285-A are mandatory in nature and they are strictly to be adhered to. As in the instant case, the intervening period between sale proclamation and auction was only 28 days, the impugned orders are liable to be set aside. Accordingly, the writ petition is allowed and the impugned orders dated 7.1.2009 and 4.9.2006 are hereby set aside. The competent authority is directed to re-consider and decide the objections so preferred by the petitioner, keeping in view the law laid down in the case of M/s. Swadeshi Polytex Limited (supra), within a period of thirty days from the presentation of a certified copy of this order.