TIWARI PRADYUMNA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has prayed that the auction of the petitioner's house situate in ward No. 12, Rampura, Kota conducted by the Commercial Taxes Officer, Circle 'a', Kota (respondent No. 2) (who will hereinafter be referred to as the 'c. T. O. ') and knocked down in favour of respondents No. 2, 3, 4 and 5 on 29th March, 1976 be quashed and possession of the property in question be restored to him. The petition has been opposed at admission stage by the C. T. O. who has filed his own affidavit in reply to the main allegations contained in the writ petition.

(2.) I have heard Mr. M. M. Tiwari on behalf of the petitioner and Mr. S. C. Bhandari on behalf of the C. T. O. at some length.

(3.) LEARNED counsel for the petitioner has urged that the price of Rs. 87,605/-for which the property in question has been knocked down is grossly inadequate and consequently the petitioner has sustained substantial injury. It is sufficient to point out that there is no material before me on the basis of which this contention can be accepted. As already stated above, the matter is pending before the Collector under sec, 247 of the Act, and it is not permissible to short-circuit it by filing a petition under Art. 226.