RAM LINGAM Vs. KATHUR LACHMAIAH AND ANOTHER

JUDGEMENT

(1.) This appeal is directed against the judgment of our learned brother, Basi Reddy J. issuing a writ of certiorari to remove the order of the Revenue Minister, Government of Hyderabad, passed in exercise of his revisional jurisdiction.

(2.) The facts necessary for the purpose of this enquiry may be briefly stated. The appellant, an excise contractor, owed to the Government a sum of Rs. 2,000/- towards excise arrears for 1355-56 Fasli. As he paid only Rs. 903/- out of this, the Revenue Authorities brought his lands bearing Survey No. 32 in Adayagaon village, Adilabad District to sale for recovery of the balance of Rs. 1,097/- After observing the formalities contemplated by the Hyderabad Land Revenue Act, the properties were sold in public auction on 20-8-50 and the first respondent happened to be the highest bidder for Rs. 2,000/-. In course of time, as required by the statutory provisions, he paid the purchase-money and the sale seems to have been confirmed on 9-10-1950. Incidentally, it may be mentioned that the statement in the judgment under appeal that the sale was confirmed on 13-9-1950 does not seem to be correct. Subsequently, the first respondent was put in possession of the properties and the sale certificate was issued on 15-1-1961.

(3.) Meanwhile, the appellant applied to the District Collector for grant of time for payment of arrears. On 27-6-1950, the District Collector directed him to furnish security for the amount due within a week. On 8-7-1950, the appellant filed a security bond together with a solvency certificate but as this was not registered it was rejected. It is stated that on 19-8-1950 an application was filed by him requesting the Collector to grant him two weeks time for fibbing the registered security bond. It appears that orders were passed on 30-8-1950 granting him two weeks time and the order was complied with by the appellant on 14-9-1950.