VISHNU KANT GUPTA Vs. ASHOK KUMAR SINHA

JUDGEMENT

(1.) At Bara Chakia in the district of East Champaran there was a Sugar Mill belonging to Champaran Sugar Mills Limited, a Company incorporated under the provisions of the Companies Act, having its registered office in the State of Uttar Pradesh and, as such, under the jurisdiction of Hon'ble Company Judge, Allahabad High Court. Pursuant to certain applications filed in the Allahabad High Court before the Hon'ble Company Judge, the properties of the Sugar Mill at Bara Chakia were put on sale by the High Court. The petitioner is the purchaser of substantial lands belonging to the said Company and the sale certificate has been issued having been confirmed up to the Apex Court. Therefore, neither the area of lands nor the amount of consideration was in dispute. The petitioner, who was certified purchaser, having deposited the entire consideration money, was entitled to sale certificate from the Official Liquidator, Allahabad High Court in respect of the entire lands sold to him but he has chosen to take sale certificates in respect of portions of land in instalments. When the first such sale certificate was issued, the authorities in the district started putting impediments on registration thereof, which forced the petitioner to come to this Court.

(2.) The petitioner filed a writ petition, being C.W.J.C. No.8039 of 2013, before this Court, which was allowed vide judgment and order dated 18.12.2013 observing the controversy as well as the necessary facts for resolving the same. Accordingly, this Court issued a mandamus to the Collector, East Champaran at Motihari to act in accordance with the directions of the Court as well as that of the Divisional Commissioner, the I.G. Registration and take a decision in the matter of registration of the sale certificate. Let it be noted that various objections were being raised at various levels, virtually trying to frustrate the registration of sale certificate, which would unable the writ petitioner to get the land transferred in his name and deal with it in the manner in which he desires.

(3.) As is usual, instead of complying with the mandamus, further problems were being created and registration of the sale certificate was not being done. That is what led the writ petitioner to file the contempt petition, being M.J.C. No.397 of 2014, for initiating contempt proceedings against the opposite parties. Again, in spite of the contempt proceedings and in spite of notice thereof, for reasons best known to the opposite parties, further impediments were created. Ultimately, the District Magistrate-cum-Collector, East Champaran and the Sub-Registrar were asked to appear personally in the Court because prima facie they were both in gross contempt. On the last date, the District Collector, who had recently joined, assured this Court that there would neither be any impediment in registration of the sale certificate nor would there be any impediment upon the right of the petitioner to use the property after registration.