Arun Tandon - (1.) -One Gorakhnath Jaiswal was a judgment debtor. Appeal filed by him was also dismissed, the matter thereafter was taken to the Hon'ble Supreme Court. During the pendency of the special leave petition orders were issued by the Hon'ble Supreme Court directing return of the money which Gorakhnath Jaiswal had withdrawn during the pendency of the proceedings. The amount was 34 lacs. The Hon'ble Supreme Court on 22.3.1999 issued following directions : "In so far as the property to Gorakhnath Jaiswal is concerned, we direct Gorakhnath Jaiswal to appear in person or through pairokar before the District Judge, Ghazipur, on the date fixed by him for auction of the property so as to assist the Court in identifying the property to enable it to be put to auction in terms of the earlier orders of this Court."
(2.) ACCORDINGLY the property of Gorakhnath was put to auction for realization of the money under orders of the Hon'ble Supreme Court. In the auction so held no one participated. The matter came up for consideration before the Hon'ble Supreme Court on 30.7.1999. When the offers received by Gorakhnath privately were brought to the knowledge of the Court, the Hon'ble Supreme Court on 30.7.1999 passed the following orders : "From the report submitted by the District Judge, Ghazipur it appears that when the properties of Gorakhnath Jaiswal were sought to be put to auction, no person appeared to participate in the auction on the appointed date and time. Learned counsel for Gorakhnath Jaiswal submits that nobody had probably appeared because of water logging and rain etc. Learned counsel states that some private parties have agreed to buy portions of the land and he has received six drafts in the sum of Rs. 50,000, 25,000, 2,25,000, 2,25,000, 25,000 and 25,000 totalling Rs. 5,15,000 and that those drafts are in the name of the Registrar of the Supreme Court. We grant him the permission. This fact shall be brought to the notice of the District Judge, Ghazipur, before who Gorakhnath Jaiswal shall appear in person or through counsel in the week commencing 9th August, 1999 when further orders shall be obtained from the District Judge, Ghazipur with regard to the balance property etc." Accordingly the matter was considered by the District Judge, Ghazipur on 11.10.1999 and orders were passed. The relevant part of this order reads as follows : "The remaining land has to be sold to satisfy the said amount. The parties before me admit and agree that there are private buyers who are ready to purchase the remaining land. They also have requested that sale by that way, as done earlier, may be permitted. The permission is granted. The plaintiff's side has to arrange the sale to private persons and submit the drafts of the relevant amounts in this Court within a month. The Hon'ble Supreme Court may be informed accordingly."
(3.) IT is admitted to the petitioner that certain portion of the land belonging to the Gorakhnath Jaiswal has been purchased privately in pursuance to the permission granted by the District Judge as quoted hereinabove. In order to evade payment of stamp duty the petitioner did not submit any document for its registration qua the transfer of the property. With the help of the order of the District Judge dated 11.10.1999 an application for mutation in record qua the property sold was made.;