YATINDRA SINGH, J. - (1.) The main question involved in this writ petition is, whether an auction sale can be set aside for the reason that estimated value of the auctioned property was not mentioned in the sale proclamation.
(2.) District Co-operative Federation Ltd. (the petitioner) is a central co-operative society registered under the U. P. Co-operative Societies Act. The petitioner operates a cold storage and has property situate at Arazi No. 182 Cantonment, Varanasi. The cold storage was not successful and there were arrears. Two portions (are 17200 Sq. feet and 13200 Sq. feet total 30400 sq. feet) of open land in Arazi No. 182 of the petitioner were attached on 6th June 2003 for payment of labour dues amounting to Rs.5,04, 177.80.
(3.) A sale proclamation in respect of attached land was issued on 6-11 -2003 fixing 15-12-2003 for the auction but no auction was held on that date. In the meantime, the Collector received intimation of some more dues (labour as well as electricity) to be recovered from the petitioner as arrears of land revenue. Another sale proclamation in ZA Form 74 was issued on 6-12-2003 for realisation of these dues amounting to more than a crore of rupees. By this sale proclamation, auction was fixed for 6-1-2004. In pursuance of this sale proclamation, auction was held but the property fetched only Rs.20 lakhs. This auction sale was disapproved on 7-1-2004.;