Binod Kumar Roy and A.K. Yog, JJ. - (1.) HEARD learned counsel. Perused the writ petition, counter -affidavit of respondent No. 4 and the rejoinder of the petitioner.
(2.) THE petitioner has come up with a prayer to quash the order dated 9th June, 1995 passed by respondent No. 1, the Commissioner, Agra Division, Agra, as contained in Annexure -VIII to the writ petition on the grounds, inter alia, that the petitioner was a bona fide transferee for consideration and thereby the auction sale in her favour, which was confirmed and a sale certificate was also issued, could not be nullified without giving any opportunity of hearing while passing the impugned order as stated in paragraph -24 of this writ petition. A bare perusal of the document appended as Annexure -VIII shows that in fact, a communication was made by respondent No. 1 to the District Magistrate, Aligarh vide letter dated June 9, 1995, intimating him of the nullification of the sale of half share of Smt. Munni Devi (respondent No. 4) bearing Gata No. 383 area 10 bighas, 7 biswas, 10 biswansi in the immovable property holding that the entire recovery proceedings were on account of wrong sending of the demand letter by the Electricity Department and thus cost should be recovered from the Electricity Department.
(3.) THE Electricity Department has not been impleaded as a party -respondent to this writ proceeding. No one apprises us that this order is under challenge at the instance of the Electricity Department.;