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Sooraj Kumar v. Tahsildar & Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4602 of 2016, order of 29 April 2016)Decided 29 Apr 2016
Civil Appeal No. 4602 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The appellant's property had been put up for recovery-proceedings auction over unpaid dues, and the government itself had purchased the property at the auction for a nominal price of Re.1 in full and final settlement of those dues. The appellant argued the auction was invalid because there had been no proper inquiry into the property's actual market value.

Decision Breakdown

Rather than rule on the market-value inquiry objection, the Court recorded the appellant's counsel's submission that the appellant was willing and entitled to settle the entire outstanding dues under an available Amnesty Scheme, and that an application to that effect had already been filed. The Court directed that if such an Amnesty Scheme was indeed available and the appellant paid the dues under it, the auction could be recalled and the property restored to him, and ordered that the appellant's pending application be decided within three months. The appeal was disposed of on these terms, with no order as to costs.

Lesson Learnt

When a government Amnesty Scheme for settling dues exists, a citizen facing property auction for recovery of dues may be able to get the auction reversed by promptly availing of the scheme and following up on the application within the time the Court fixes.

Official source (sci.gov.in)View Judgment (PDF)

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