- (1.) THIS is a revision under sec. 23-B of the Rajasthan Public Demand Recovery Act, 1952. An attached property was being auctioned by the Tehsildar, Jhalawar in pursuance of the order passed by the learned Collector in recovery proceedings under the Public Demand Recovery Act. The Tehsildar after completing the auction submitted the papers through the Sub-Divisional Officer to the Collector, Jhalawar for sanction. The defaulter petitioner put in an application raising certain objections regarding the procedure followed by the executing officer. The learned Collector rejected the objection and confirmed the sale on 22. 4. 63.
(2.) AGGRIEVED by this order of the Collector dated 22. 4. 63 the petitioner has come in revision before us. We have heard the counsel for the parties and have gone through the record. The main contention of the learned counsel for the petitioner is that the objections of the petitioner have neither been heard nor dealt with in his judgment dated 22. 4. 63. He had further argued that no proper opportunity was given to the petitioner to be heard and explain his case. From the perusal of the objections of the petitioner it reveals that the defaulter petitioner had lodged some serious and relevant objections. For instance it has been alleged by the petitioner in his objections that the auction took place on a Sunday and before the expiration of atleast 30 days from the date on which the proclamation thereof was issued. As per provision of sub-sec. (2) of sec. 239 of the Rajasthan Land Revenue Act it is mandatory that the auction should take place after the expiry of 30 days from the date of proclamation and the auction proceedings should not be taken on Sundays or gazetted holidays. We therefore feel that the learned Collector has ignored these necessary and mandatory provisions of the law. The petitioner should have been given a fair opportunity to explain his case. We therefore accept the revision, set aside the order of the Collector, Jhalawar dated 22. 4. 63 and remand the case with the direction that the objection petition filed by the petitioner be disposed of according to law. .;