SIDAKAT ULLAH KHAN Vs. STATE OF U P

JUDGEMENT

(1.) The present petition has been filed by the petitioner challenging the Demand Notice dated 27.08.2007 issued by the respondent no. 2 and the consequent recovery certificate, in pursuance thereof, dated 27.08.2007.

(2.) The facts leading to the filing of the present petition are that the Assistant Engineer, Uttar Pradesh Avas Vikas Parishad decided to auction the unusable buildings and the contents therein and in pursuance thereof an auction was held on 25.01.1991, wherein the petitioner also participated in the auction and was the highest bidder at Rs. 3 Lacs. The auction goods were the rubble of the buildings at Sadar Tehsil, Shahjahanpur.

(3.) The petitioner claims that subsequent to the auction, the goods to be sold were altered and as such the petitioner did not deposit the 1/4th of the auction which was to be deposited within a period of three days from the date of the auction. However, the petitioner did deposit the earnest money of Rs. 3,000/-, consequent thereupon he participated in the bid. The petitioner claims that he was never informed about the approval of his highest bid and no information stating that his bid has been accepted was ever communicated to the petitioner. It is stated that on 04.02.1991, the respondent no. 2, the Collector, Shahjahanpur, cancelled the auction dated 25.01.1991 and on the same date passed an order for re-auction. It is stated that on 05.02.1991, the respondent no. 2 issued a notice to the petitioner (served on the petitioner on 15.02.1991) informing that the auction dated 25.01.1991 has been cancelled and the earnest money of Rs. 3,000/- has been forfeited. It is stated that the petitioner gave a reply to the said notice on 19.02.1991 and thereafter no action was taken and the petitioner thought that the matter stands closed.