PIYARE LAL KHANNA Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioner applies for certificates under Sub-clauses (a) and (c) of Clause (1) of Article 133 of the Constitution.

(2.) The petitioner owed a sum of money to the Bank of Patiala and in recovery proceedings attachment was effected to two properties at Simla, they being house No. 18. The Mall, and Sunny Bank Estate. An objection by the petitioner to the attachment was rejected. The properties were sold by auction on October 15, 1966 and purchased by respondents nos. 5 and 6 for Rs. 96 000 and Rs. 61,000 respectively. The sale was confirmed by the Commissioner, and, a revision petition against his order was dismissed by the Financial Commissioner. Thereafter, Civil Writ Petition No. 45 of 1970 was filed against the aforesaid orders. When the writ Petition come on for admission, after notice to the respondents it appears that counsel for the petitioner stated that his client would file a suit and prayed for permission to withdraw the writ petition. Accordingly, an order dated August 14, 1970 was made by the Court granting permission to withdraw the writ petition. Thereafter, Civil Writ Petition No. 90 of 1971, out of which the present proceeding arises was filed. It was directed against the same orders as were questioned in the earlier writ petition. On August 9, 1971, a Division Bench of this Court consisting of M. H. Bee, C. J. and C.R. Thakur, J. passed the following order:

(3.) The present petition under Article 133 (1) of the Constitution has been made in respect of this order.