RAM PRASAD Vs. STATE OF U P & OTHERS
LAWS(ALL)-2017-12-294
HIGH COURT OF ALLAHABAD
Decided on December 15,2017

RAM PRASAD Appellant
VERSUS
State Of U P And Others Respondents

JUDGEMENT

Siddhartha Varma, J. - (1.) Instructions as have been received by the learned Standing Counsel are being taken on record.
(2.) An auction was held on 15.1.1998 wherein the petitioner was held to be the highest bidder. An objection under Section 285(I) of the U.P.Z.A. & L.R. Rules, 1952(hereinafter referred to as ' the 1952 Rules') was filed by the mortgager. This objection was rejected by the Commissioner on 8.5.2002. Aggrieved by the order dated 8.5.2002, the respondent nos. 5 and 6 the erstwhile owners of the land filed a revision before the Board of Revenue. The revision was number as Revision No. 60 of 2002. Suddenly, when the revision was proceeding, it was discovered that the same had been got dismissed as not pressed on account of the fact that the Sub Divisional Officer on 14.8.2002 had cancelled the auction which had taken place on 15.1.1998.
(3.) The petitioner upon gaining knowledge about the order dated 14.8.2002 applied before the Sub Divisional Officer for getting a copy of it. On 3.9.2002, however, the application was rejected and the certified copy was not issued to him saying that the order dated 14.8.2002 was just a note. However, since the order dated 14.8.2002 continued to exist the auction was not being confirmed. Aggrieved thereof, the petitioner approached this Court by means of the instant writ petition and prayed that the auction which had taken place on 15.1.1998 be confirmed and a sale certificate be issued to the petitioner with regard to the plot which he had bought.;


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