- (1.) Aggrieved by order dated 14.08.1995 whereby, the auction sale dated 28.07.1995 was cancelled, the present writ petition has been filed.
(2.) The brief facts of the case are that, a proceeding for recovery of rent for immovable property belonging to the respondent no. 3, Revenue Misc. Case No. 167/199495 was initiated in the Court of SubDivisional Magistrate, Madhupur and inspite of registered notice issued to the respondent no. 3 and her son they did not appear in the proceeding before the SubDivisional Magistrate, Madhupur and consequently, a public notice was issued for auction of land in question for recovering land revenue which was not paid since 198788. On 28.07.1995 in the public auction, 13 persons participated and the bid of Rs. 51,000/ of the petitioner was found highest. The petitioner was directed to deposit the said amount within one week with the Circle Nazir, which the petitioner duly deposited on 03.08.1995 and obtained receipt. The SubDivisional Officer issued certificate dated 04.08.1995 confirming the sale however, on 14.08.1995, the certificate issued in favour of the petitioner and the auction sale were cancelled on the ground of procedural fault. Aggrieved, the petitioner has moved this court by filing the present writ petition.
(3.) A counteraffidavit has been filed on behalf of the respondent nos. 1 & 2 stating that the land and building measuring an area of 4 bighas 10 kathas commonly known as "Sheel Villa" is recorded in the name of Sandhya Rani Seal. After the auction sale, one Sarju Raiwar, caretaker of "Sheel Villa" filed application on 04.08.1995 regarding irregularities committed in the auction. The SubDivisional Officer, Madhupur after examining the record found that the proceeding for recovery was not initiated under the "Public Demand Recovery Act" and the original landlord Sandhya Rani Seal was not duly served notice and therefore, the auction sale was cancelled.;