DEVI PRASAD SINGH,J. - (1.) LIST revised. None appears for the private respondent.
(2.) HEARD Sri A.S. Rai, learned counsel for the parties and the learned Standing Counsel and also perused record. The writ petition has been preferred against the impugned order by which the Sub-Divisional Magistrate by the order dated 26.12.2005, has set aside the auction and sale of the land in question (plot No. 331) of town area Aurai Taluka Kodh, Tehsil Aurai Distt. Sant Ravidas Nagar Bhadohi. The petitioner is auction purchaser.
(3.) IN brief, the respondent No. 3 failed to pay trade tax hence, recovery certificate was issued on 20.4.1987, 10.5.1999 and 20.6.1999. Since the respondent failed to pay tax the matter was referred to revenue authorities to recover the dues as arrears of land revenue keeping in view the provisions contained in U.P.Z.A. and L.R. Act and the Rules framed there under. A public auction was held on 29.10.2001. The petitioner was the highest bidder of Rs. 3,20,000/- and was allotted the land in question. The petitioner being the highest bidder, deposited 25% of the auction amount to the tune of Rs. 80,000/- in Tehsil Aurai. The rest amount was to be paid by the petitioner on 12.11.2001. Thereafter, the SDM had affirmed the sale and issued certificate (Annexure 4 to the writ petition) in pursuance of the provisions contained in Rule 285-M of the U.P.Z.A. and L.R. Rules, 1952 (in short the Rules). Thereafter, the land was also mutated in petitioner's name under Section 34 of the Land Revenue Act. The extract of Khatauni has also been filed as Annexure 1 to the writ petition. It appears that the respondent No. 3 Ram Naresh has moved application under Rule 285-I of the Rules before- the Commissioner Mirzapur for cancellation/annulment of the auction dated 29.10.2001.;