VIDYA DEVI SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition was filed by one Vidya Devi Sinha and her husband Sisir Kumar Sinha as petitioners 1 and 2. Vidya Devi Sinha died during the pendency of this writ petition. After her death her heirs and legal representatives got themselves substituted in her place and now it is the sons and daughters of the deceased Vidya Devi Sinha who along with their father seek the reliefs that were earlier claimed by the deceased petitioner No. 1.

(2.) THIS writ petition seeks reclamation of a house situate in Gaya and belonging to the deceased Vidya Devi Sinha (hereinafter referred to as 'the house owner') which was auction sold in a proceeding under the Bihar and Orissa Public Demands Recovery Act. The certificate proceeding was initiated for the recovery of a sum of Rs. 22,840.28, claimed by the Gaya Municipal Corporation as arrears of Municipal taxes; adding to this sum, the Court fee amount, the interest pendente lite and various other charges, the certificate amount on the date of auction accumulated to a sum of Rs. 35,341.83 palse. Though the sale is said to be made on the basis of auction, there was but one bidder present (the representative of the Corporation) who made a single bid of an amount exactly equal to the certificate dues. The Municipal Corporation was thus able to 'purchase' and secure the house for itself at a ridiculously low price.

(3.) ACCORDING to the deceased house owner who had originally filed this writ petition, all the developments beginning from the enhancement of the municipal taxes of the house, the institution of the certificate case for the recovery of the municipal dues and the proclamation for the attachment and sale of her house took place behind her back and without any notice or information to her. She came to learn about the house being put up for auction sale only at the last minute and when she approached the Certificate Officer at that stage she was not allowed any opportunity to file her objections or to put forth her case.